M/s. ABK Green and AGRO Ventures v. The Authorised Officer/Chief Manager
WP/6050/2026 · 2026-03-02
Cheekati Manavendranath Roy, Tuhin Kumar Gedela
body2026
DailyLaw.ai
[ 2026 DAILYLAW 18354 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18354 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010113182026
IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI WRIT PETITION NO: 6050/2026 Between:
1. M/S. ABK GREEN AND AGRO VENTURES,, REP BY TIS PARTNERS, MR KANCHARLA ANAND BABU AND MRS KANCHARLA VIJAYA KUMARI SITUATED AT 17 SRINIVARAO PETA, GUNTUR AND
2. MR KANCHARLA ANAND BABU,, S/O SRI K. JACOB AGED 52 YEARS, OCC BUSINESS, R/O D.NO 25 RISHI VALLEY APARTMENT, SRINIVASARAOPET MAIN ROAD GUNTUR, ANDHRA PRADESH
3. MRS KANCHARLA VIJAYAKUMARI,, YEARS, OCC BUSINESS, R/O D. NO 408, B PARK APARTMENTS ANKIREDDYPALEM ROAD, NALLAPADU, GUNTUR- 522 005. 1. THE AUTHORISED OFFICER/CHIEF MANAGER, M/s Bank of Baroda, Situated at Arundel 522002, E.Mail. vigunt@bankofbaroda.co.in
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may pleased to issue a Writ, order or direction, more in the nature of Writ of IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 6050/2026 M/S. ABK GREEN AND AGRO VENTURES,, REP BY TIS PARTNERS, MR KANCHARLA ANAND BABU AND MRS KANCHARLA VIJAYA KUMARI SITUATED AT 17-125 OLD, 84-23-1955, NEW 12/3, SRINIVARAO PETA, GUNTUR ANDHRA PRADESH - 522004. MR KANCHARLA ANAND BABU,, S/O SRI K. JACOB AGED 52 YEARS, OCC BUSINESS, R/O D.NO 25-16-85 FLAT NO 204 RISHI VALLEY APARTMENT, SRINIVASARAOPET MAIN ROAD GUNTUR, ANDHRA PRADESH - 522 004. MRS KANCHARLA VIJAYAKUMARI,, W/O SRI U. BALU, AGED 49 YEARS, OCC BUSINESS, R/O D. NO 408, B-BLOCK, TEMPLE TREE PARK APARTMENTS ANKIREDDYPALEM ROAD, NALLAPADU, 522 005. ...PETITIONER(S) AND THE AUTHORISED OFFICER/CHIEF MANAGER, M/s Bank of Baroda, Situated at Arundelpet Branch, 31-4-391, 4/3, Arudelpet, Guntur 522002, E.Mail. vigunt@bankofbaroda.co.in ...RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may issue a Writ, order or direction, more in the nature of Writ of IN THE HIGH COURT OF ANDHRA PRADESH [3558]
THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY JUSTICE TUHIN KUMAR GEDELA M/S. ABK GREEN AND AGRO VENTURES,, REP BY TIS PARTNERS, MR KANCHARLA ANAND BABU AND MRS KANCHARLA VIJAYA 1955, NEW 12/3,
522004.
MR KANCHARLA ANAND BABU,, S/O SRI K. JACOB AGED 52 85 FLAT NO 204-B RISHI VALLEY APARTMENT, SRINIVASARAOPET MAIN ROAD W/O SRI U. BALU, AGED 49 BLOCK, TEMPLE TREE PARK APARTMENTS ANKIREDDYPALEM ROAD, NALLAPADU, ...PETITIONER(S) THE AUTHORISED OFFICER/CHIEF MANAGER, M/s Bank of Baroda, 391, 4/3, Arudelpet, Guntur- ...RESPONDENT 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 a Writ, order or direction, more in the nature of Writ of
2 CMR,J & GTK,J W.P.No.6050 of 2026
Mandamus, the action of the respondent in issuing the impugned E-Auction notice dt. 13-02-2026 proposing to conduct auction for the properties described in the impugned notice belonging to the petitioners on 05-03-2026, despite the pendency of the S.A No. 631 of 2025 before the Honble Debt Recovery Tribunal Visakhapatnam as illegal, violative of Article 14,15,16 and 300-A of the Constitution of India and SARFAESI Act, 2002, the Security Interest of Enforcement) Rules 2002, and RBI guidelines and consequentially to set aside the same and to pass such 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 of all further proceedings in pursuance of the E- Auction sale notice dated 13-02-2026 by fixing the date of auction 05-03-2026pending disposal of the above writ petition forthwith pending disposal of the above writ petition and to pass any other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner(S):
1. K V RAJENDRA PRASAD Counsel for the Respondent:
1. 3 CMR,J & GTK,J W.P.No.6050 of 2026
The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy)
Heard learned counsel for the petitioners. 2.
The limited grievance of the writ petitioners is only relating to non- disposal of the interlocutory application filed in securitization application No.631 of 2025, seeking stay of auction scheduled to be held on 05.03.2026. 3. The petitioners have filed securitization application No.631 of 2025 before the Debts Recovery Tribunal, Visakhapatnam, challenging the E-auction notice that was issued by the Bank. Along with the said securitization application, they have filed an interlocutory application, seeking stay of the proceedings. It is their grievance that the said stay petition is not being considered and disposed of even though there is an urgency to pass appropriate orders on it. It is contended that the auction is scheduled to be held on 05.03.2026 and there is urgency to dispose of the said stay application. 4. Therefore, in the said facts and circumstances of the case, this Writ Petition is disposed of with a direction to the Debts Recovery Tribunal, Visakhapatnam, to dispose of the stay petition filed by the petitioners in securitization application No.631 of 2025 by 5:00 P.M., tomorrow i.e., on 04.03.2026, without fail, by passing appropriate orders, according to law, on it, on merits. 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: 03.03.2026 Note: Issue C.C. by today
B/o. MDP