APHC010064632026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] THURSDAY,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA CIVIL REVISION PETITION NO: 399/2026 Between: 1. K.P.R. CONSTRUCTIONS, (FORMERLY KNOWN AS VELLANTI ASSOCIATES) HEAD OFFICE AT FLAT NO.240, LAKE MELODY APARTMENTS, RAJBHAVAN ROAD, SOMAJIGUDA, HYDERABAD - 500 082 AND HAVING ITS BRANCH OFFICE AT RIO. FLAT NO. 302, JAGANNATH ENCLAVE, OPP. ISKON TEMPLE, ISKON CITY, NELLORE, REP. BY ITS MANAGING PARTNER K. PATTABHI RAMA REDDY ...PETITIONER AND 1. CANARA BANK, (ERSTWHILE SYNDICATE BANK), SME BRANCH, NELLORE, RITWIK ENCLAVE, A.K. NAGAR, NELLORE, ANDHRA PRADESH, REP. BY ITS AUTHORISED OFFICER 2. SMT BEZAWADA SUJNAMMA, W/O SRI. MAHESHWAR REDDY, PLOT NO.27, BEZAWADA OBUL REDDY NAGAR, DARGAMITTA, NELLORE-524004 ...RESPONDENT(S): 2 Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased tobegs to present this Memorandum of Civil Revision Petition to this Honble Court against the Daily Order, dt.12.12.2025 in S.A.No.98 of 2019 before the Honble Debts Recovery Tribunal, Andhra Pradesh at Visakhapatnam. IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with the filing of the Certified copy of Daily Order, dt.12.12.2025 in S.A.No.98 of 2019 on the file of the Hon'ble Debts Recovery Tribunal, Andhra Pradesh at Visakhapatnam, and pass IA NO: 2 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Direct the Respondent No.1 Bank to Furnish the details / proceedings of the Auction Allegedly conducted on 14.02.2019 including the bid sheet, payment details and the address for the communication of the auction purchasers so as to enable the petitioner to amend the pleadings to implead the auction purchasers, pending disposal of the Civil Revision Petition, and pass Counsel for the Petitioner: 1. AKULA VAMSI KRISHNA Counsel for the Respondent(S): 1. 3 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA CIVIL REVISION PETITION NO: 399/2026 ORDER: (Per Sri Justice Cheekati Manavendranath Roy) Heard Sri Akula Vamsi Krishna, the learned counsel for the petitioner. 2. The petitioner, being a principal borrower, has committed default in repayment of the loan amount to the 1st respondent-Bank. Therefore, the 1st respondent-Bank while initiating measures under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, “the SARFAESI Act”) has put the secured asset for sale in the auction. The petitioner has challenged the said sale before the Debt Recovery Tribunal (DRT) by way of filing a Securitization Application under Section 17 of the SARFAESI Act in S.A.No.98 of 2019. In the said Securitization Application, he sought to implead the auction purchaser. 3. The learned Tribunal declined the said request on the ground that the auction purchaser failed to deposit the balance sale consideration of 25% of the amount within the time stipulated and, as such, he need not be impleaded in the said proceedings. Aggrieved thereby, the present revision petition has 4 been filed challenging the validity of the said order dated 12.12.2025. We do not find any legal infirmity in the impugned order. 4. Rule 9 (4) of the SARFAESI Rules envisages that the auction purchaser shall deposit 25% of the sale consideration on the date of auction and has to deposit the balance sale consideration of 75% before the authorized officer on or before the fifteenth day of confirmation of sale of the immovable property or such extended period as may be agreed upon in writing between the purchaser and the secured creditor, in any case not exceeding three months. In the instant case, the said period of 15 days, and three months, expired long back, as the auction took place in the year 2019. Therefore, in terms of Rule 9 (5) of the SARFAESI Rules, the auction purchaser became a defaulter, and even the amount of 25% deposited by him is liable to be forfeited. Consequently, he lost his right as an auction purchaser. 5. In that view of the matter, as rightly held by the Tribunal, no permission to implead the auction purchaser is required to be accorded to the petitioner. The auction purchaser is not a necessary party for adjudication of the lis before the Tribunal. 6. Therefore, the impugned order is perfectly sustainable under law and no interference is warranted in this writ petition. 5 7. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 19.02.2026 KA 6 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA CIVIL REVISION PETITION NO: 399/2026 Date: 19.02.2026 KA