APHC010518562024 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 26755/2024 Between: 1. POKURU KAMESH, S/O POKURU CHINNA KONDAIAH AGED ABOUT 52 YEARS, OCC BUSINESS, RESIDING AT D.NO. 4 SHIRDI SAI NAGAR, NEAR STAR KIDS SCHOOL, FCI COLONY, NELLORE, TIRUPATI DISTRICT (ERSTWHILE NELLORE DISTRICT). 2. POKURU VANI,, W/O POKURU KAMESH, AGED ABOUT 51 YEARS, OCC HOUSE WIFE, RESIDING AT D.NO. 4 NAGAR, NEAR STAR KIDS SCHOOL, FCI COLONY, NELLORE, TIRUPATI DISTRICT (ERSTWHILE NELLORE DISTRICT). 3. VAIBHAV READYMADES SHOWROOM,, R/O. PLOT NO.27, OM SAKTHI NAGAR, GUDURU OM SAKTHI NAGAR, NELLORE, TIRUPATI DISTRICT (ERSTWHILE NELLORE DISTRICT). 1. THE STATE OF ANDHRA PRADESH, REP. BY I SECRETARY, REVENUE STAMPS AND REGISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE RESERVE BANK OF INDIA, REPRESENTED BY ITS GENERAL MANAGER (OMBUDSMAN) 6 SANSAD MARG, NEW DELHI 3. THE COMMISSIONER AND INSPECTOR GENERAL OF IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 26755/2024 POKURU KAMESH, S/O POKURU CHINNA KONDAIAH AGED ABOUT 52 YEARS, OCC BUSINESS, RESIDING AT D.NO. 4 SHIRDI SAI NAGAR, NEAR STAR KIDS SCHOOL, FCI COLONY, PATI DISTRICT (ERSTWHILE NELLORE DISTRICT). POKURU VANI,, W/O POKURU KAMESH, AGED ABOUT 51 YEARS, OCC HOUSE WIFE, RESIDING AT D.NO. 4-7-215/3, SHIRDI SAI NAGAR, NEAR STAR KIDS SCHOOL, FCI COLONY, NELLORE, DISTRICT (ERSTWHILE NELLORE DISTRICT). VAIBHAV READYMADES SHOWROOM,, R/O. PLOT NO.27, OM SAKTHI NAGAR, GUDURU OM SAKTHI NAGAR, NELLORE, TIRUPATI DISTRICT (ERSTWHILE NELLORE DISTRICT). ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, REVENUE STAMPS AND REGISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. THE RESERVE BANK OF INDIA, REPRESENTED BY ITS GENERAL MANAGER (OMBUDSMAN) 6 SANSAD MARG, NEW DELHI THE COMMISSIONER AND INSPECTOR GENERAL OF IN THE HIGH COURT OF ANDHRA PRADESH [3558] THE TWENTY EIGHTH DAY OF JANUARY THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA POKURU KAMESH, S/O POKURU CHINNA KONDAIAH AGED ABOUT 52 YEARS, OCC BUSINESS, RESIDING AT D.NO. 4-7-215/3, SHIRDI SAI NAGAR, NEAR STAR KIDS SCHOOL, FCI COLONY, PATI DISTRICT (ERSTWHILE NELLORE DISTRICT). POKURU VANI,, W/O POKURU KAMESH, AGED ABOUT 51 YEARS, 215/3, SHIRDI SAI NAGAR, NEAR STAR KIDS SCHOOL, FCI COLONY, NELLORE, DISTRICT (ERSTWHILE NELLORE DISTRICT). VAIBHAV READYMADES SHOWROOM,, R/O. PLOT NO.27, OM SAKTHI NAGAR, GUDURU OM SAKTHI NAGAR, NELLORE, TIRUPATI DISTRICT (ERSTWHILE NELLORE DISTRICT). ...PETITIONER(S) TS PRINCIPLE SECRETARY, REVENUE STAMPS AND REGISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THE RESERVE BANK OF INDIA, REPRESENTED BY ITS GENERAL MANAGER (OMBUDSMAN) 6 SANSAD MARG, NEW DELHI - 110001 THE COMMISSIONER AND INSPECTOR GENERAL OF 2 CMR,J & GTK,J W.P.No.26755 of 2024 REGISTRATION AND STAMPS, VIJAYAWADA, KRISHNA DISTRICT. 4. THE DISTRICT REGISTRAR, SRI BALAJI REGISTRATION DISTRICT, TIRUPATI, CHITTOOR DISTRICT. 5. THE SUB REGISTRAR, GUDUR, TIRUPATI DISTRICT (ERSTWHILE NELLORE DISTRICT) 6. M/S CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, REPRESENTED BY ITS AUCTION TEAM, ASV ADARSH COMPLEX, 719 PATHURI ROAD, OFF MOUNT ROAD, NEAR THOUSAND LIGHT METRO STATION, BEHIND RAJ VIDEO VISION, ANNA SALAI, CHENNAI, TAMILNADU - 60002. 7. M/S CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, REPRESENTED BY ITS AUTHORISED OFFICER/MANAGER, HAVING ITS BRANCH OFFICE AT 59-14-24, 1ST FLOOR, SHANTHI PLAZA, GAYATHRI NAGAR, NEAR BENZ CIRCLE, VIJAYAWADA, KRISHNA DISTRICT. 8. VERRASURA CHANDRASEKHAR REDDY, S/O LATE CHENCHU RAGHAVA REDDY, RESIDING AT D.NO. 3/177-8, DHURJETI NAGAR, GUDUR, TIRUPATI DISTRICT (ERSTWHILE NELLORE DISTRICT). 9. YERASURA SUHASINI, W/O VERRASURA CHANDRASEKHAR REDDY, RESIDING AT D.NO. 3/177-8, DHURJETI NAGAR, GUDUR, TIRUPATI DISTRICT (ERSTWHILE NELLORE DISTRICT). ...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 pleased to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring a) The Notice issued under sec 13(2) of SARFAESI Act to the Petitioners and its consequential proceedings are null and void and against the procedure contemplated under the SARFAESI Act is illegal, arbitrary in violation of procedure contemplated under SARFAESI Act and in gross violation of Principles of Natural Justice, b) To declare that the sale certificate issued in favor of Respondent No.9 is without following the Principles of Natural Justice and in gross violation of provisions of Sec 13(2), 3 CMR,J & GTK,J W.P.No.26755 of 2024 Sec 13(4), sec 13(8), Sec 20 of SARFAESI Act and rule 8 (5), 8(6), 8(7) of Security interest (Enforcement) Rules, 2002. c) To direct the Respondents No. 6 and 7 to consider the Petitioners No. 1 and 2 request for One Time Settlement Scheme. d) to pass Counsel for the Petitioner(S): 1. O UDAYA KUMAR Counsel for the Respondent(S): 1. HEMADRI V S S R R CHANDRAKANTH 2. GP FOR REGISTRATION AND STAMPS 4 CMR,J & GTK,J W.P.No.26755 of 2024 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) As per order dated 20.11.2024, stay of further proceedings was granted by this Court, restraining respondent Nos.6 and 7 from dealing further with the properties subject to the petitioners depositing 50% of the due amount within a period of four weeks from the said date and the remaining 50% of the amount within a period of four weeks thereafter. The said order was passed long back about more than one period. But, till now not even a single pie was deposited in compliance with the said conditional order based on which the stay was granted. Now, the learned counsel for the petitioners requests to extend the time. As the petitioners have flagrantly flouted the direction of this Court and did not comply with the condition imposed for granting of stay even after expiry of more than one year period, we are not at all inclined to extend the time. The conduct of the petitioners in committing default is very much apparent in not even depositing a single pie in compliance with the direction of this Court. Therefore, the stay granted on 20.11.2024 is hereby vacated for non compliance with the condition imposed by this Court, while granting stay. 2. At this stage, after passing the aforesaid order, the learned counsel for the petitioners seek permission to withdraw the writ petition with liberty to approach the Debts Recovery Tribunal concerned seeking redressal of his grievance. 3. Permission is accorded. 4. Accordingly, the Writ Petition is dismissed as withdrawn. There shall be no order as to costs. 5 CMR,J & GTK,J W.P.No.26755 of 2024 As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 28.01.2026 MDP