Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 16712 (AP)

Veerraju Koppula v. Piramal Capital and Housing Finance Ltd,MAL CAPITAL AND HOUSING FINANCE LTD

WP/4051/2026 · 2026-02-18

Cheekati Manavendranath Roy, Tuhin Kumar Gedela

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010069952026 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE WRIT PETITION NO: 4051/2026 Between: 1. VEERRAJU KOPPULA,, S/O VEERASWAMY, AGED ABOUT 50 YEARS, R/O. D.NO 3 SOMAVARAM, EAST GODAVARI A.P. 2. KOPPULA DEVI,, W/O VEERRAJU YEARS, R/O. R/O. D.NO 3 SOMAVARAM, EAST GODAVARI A.P. 1. PIRAMAL CAPITAL AND HOUSING FINANCE LTD MAL CAPITAL AND HOUSING FINANCE LTD, REP BY ITS AUTHORIZED OFFICER, ERSTWHILE DHFL. BRANCH OFFICE AT D.NO. 7 617/A, IMPERIAL TOWERS, 4TH FLOOR, UNITS 1,2, AND 3, AMEERPET MAIN ROAD, HYDERABAD, T.G. 2. JM FINANCIAL ASSET RE CONSTRUCTION CO LTD, REP BY ITS AUTHORIZED OFFICER, REGD OFFICE 7TH FLOOR, APPASAHEB MARATHE MARG, PRABHADEVI, MUMBAI EMAIL JMFINANCIALARC.COM. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue an appropriate Writ, Order or Direction, more particularly a IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 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 WRIT PETITION NO: 4051/2026 VEERRAJU KOPPULA,, S/O VEERASWAMY, AGED ABOUT 50 YEARS, R/O. D.NO 3-17, MAIN ROAD, KIRLAMPUDI MANDAL, SOMAVARAM, EAST GODAVARI A.P.-533433. KOPPULA DEVI,, W/O VEERRAJU KOPPULA, AGED ABOUT 44 YEARS, R/O. R/O. D.NO 3-17 MAIN ROAD, KIRLAMPUDI MANDAL, SOMAVARAM, EAST GODAVARI A.P.-533433 ...PETITIONER(S) AND PIRAMAL CAPITAL AND HOUSING FINANCE LTD MAL CAPITAL AND HOUSING FINANCE LTD, REP BY ITS AUTHORIZED OFFICER, ERSTWHILE DHFL. BRANCH OFFICE AT D.NO. 7-1- 617/A, IMPERIAL TOWERS, 4TH FLOOR, UNITS 1,2, AND 3, AMEERPET MAIN ROAD, HYDERABAD, T.G.-500016. JM FINANCIAL ASSET RE CONSTRUCTION CO LTD, REP BY ITS AUTHORIZED OFFICER, REGD OFFICE 7TH FLOOR, APPASAHEB MARATHE MARG, PRABHADEVI, MUMBAI EMAIL JMFINANCIALARC.COM. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court issue an appropriate Writ, Order or Direction, more particularly a IN THE HIGH COURT OF ANDHRA PRADESH [3558] THE NINETEENTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY SRI JUSTICE TUHIN KUMAR GEDELA VEERRAJU KOPPULA,, S/O VEERASWAMY, AGED ABOUT 50 17, MAIN ROAD, KIRLAMPUDI MANDAL, KOPPULA, AGED ABOUT 44 17 MAIN ROAD, KIRLAMPUDI MANDAL, ...PETITIONER(S) PIRAMAL CAPITAL AND HOUSING FINANCE LTD MAL CAPITAL AND HOUSING FINANCE LTD, REP BY ITS AUTHORIZED OFFICER, -615, 616 AND 617/A, IMPERIAL TOWERS, 4TH FLOOR, UNITS 1,2, AND 3, JM FINANCIAL ASSET RE CONSTRUCTION CO LTD, REP BY ITS AUTHORIZED OFFICER, REGD OFFICE 7TH FLOOR, CINERGY, APPASAHEB MARATHE MARG, PRABHADEVI, MUMBAI-400025, ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be issue an appropriate Writ, Order or Direction, more particularly a 2 CMR,J & GTK,J W.P.No.4051 of 2026 WRIT OF MANDAMUS, declaring the action of Respondent No.2 in issuing the pre-sale notice dated 30.12.2025 fixing the auction on 11.02.2026, without serving the auction notice on the petitioners and without affixing the same on the secured property as mandatorily required under Rule 9(1) of the Securitisation Interest (Enforcement) Rules, 2002, as illegal, arbitrary and contrary to law, especially in view of the subsisting stay granted in S.A. No.59 of 2025 and the pendency of S.A. No.76 of 2026 before the Hon’ble Debts Recovery Tribunal, and consequently set aside the said pre-sale notice dated 30.12.2025 and all further proceedings including the proposed auction scheduled on 11.02.2026. 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 stay all further proceedings pursuant to the pre-sale notice dated 30.12.2025, including the proposed auction scheduled on 11.02.2026. Counsel for the Petitioner(S): 1. INTURI UMA SANTHOSHINI Counsel for the Respondent(S): 1. 3 CMR,J & GTK,J W.P.No.4051 of 2026 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Learned counsel for the petitioners submits that as the auction that is questioned in this writ petition is not materialized for want of bidders to participate in the auction, this writ petition became infructuous and requests to dismiss the writ petition as infructuous. 2. Therefore, recording the above submission made by learned counsel for the petitioners, the Writ Petition is dismissed as infructuous. 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 MDP