Extracted from the PDF above. The PDF is authoritative.
APHC010632362025
IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI WRIT PETITION NO: 32671/2025 Between:
1. SRI VENKATESWARA COTTON TRADERS, REP BY ITS PROPRIETOR MANCHIKALAPUDI PADMAJA W/O RAMARAO AGED ABOUT 46 YEARS R/O. 11 MILL, BESIDES CINE SQUARE THEATRE, A GUNTUR-522002. 1. M/S UCO BANK, Rep by its General Manager, Guntur mid Corporate Branch (0223),
9/1, Arundalpeta, Guntur A.P.52002, Ph.No.9230500223, Email guntur@ucobank.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 be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the ac issuing an E-Auction Sale Notice dated 28 petitioner through Speed Post on 14 30-days pre-sale notice as required under Rule 8(6) of the Security Int (Enforcement) Rules, 2002. The said action of the respondent is wholly illegal, arbitrary, violative of the mandatory procedure prescribed under the SARFAESI Act, and contrary to the principles of natural justice. Therefore, the IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 32671/2025 SRI VENKATESWARA COTTON TRADERS, REP BY ITS PROPRIETOR MANCHIKALAPUDI PADMAJA W/O RAMARAO AGED ABOUT 46 YEARS R/O. 11-683, OMKARNATH COTTON GINNING MILL, BESIDES CINE SQUARE THEATRE, AMARAVATHI ROAD, ...PETITIONER AND M/S UCO BANK, Rep by its General Manager, Guntur mid Corporate Branch (0223),
9/1, Arundalpeta, Guntur A.P.52002, Ph.No.9230500223, Email guntur@ucobank.co.in ...RESPONDENT 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 particularly one in the nature of WRIT OF MANDAMUS to declare the action of the respondent Bank in Auction Sale Notice dated 28-11-2025, which was served on the petitioner through Speed Post on 14-11-2025, without issuing the mandatory sale notice as required under Rule 8(6) of the Security Int (Enforcement) Rules, 2002. The said action of the respondent is wholly illegal, arbitrary, violative of the mandatory procedure prescribed under the SARFAESI Act, and contrary to the principles of natural justice.
Therefore, the IN THE HIGH COURT OF ANDHRA PRADESH [3558] THURSDAY, THE EIGHTH DAY OF JANUARY THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY JUSTICE TUHIN KUMAR GEDELA SRI VENKATESWARA COTTON TRADERS, REP BY ITS PROPRIETOR MANCHIKALAPUDI PADMAJA W/O RAMARAO AGED 683, OMKARNATH COTTON GINNING MARAVATHI ROAD, ...PETITIONER M/S UCO BANK, Rep by its General Manager, Guntur mid Corporate Branch (0223),
9/1, Arundalpeta, Guntur A.P.52002, ...RESPONDENT 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 particularly one in the nature of tion of the respondent Bank in 2025, which was served on the 2025, without issuing the mandatory sale notice as required under Rule 8(6) of the Security Interest (Enforcement) Rules, 2002. The said action of the respondent is wholly illegal, arbitrary, violative of the mandatory procedure prescribed under the SARFAESI Act, and contrary to the principles of natural justice. Therefore, the
2 CMR,J & GTK,J W.P.No.32671 of 2025
petitioner prays that this Hon’ble Court be pleased to suspend the impugned E-Auction Sale Notice dated 28-11-2025 and pass IA NO: 1 OF 2025 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 suspend the impugned E-Auction Sale Notice dated 28-11-2025 pending disposal of the main writ petition and pass Counsel for the Petitioner:
1. PONNEKANTI MALLIKARJUNA RAO Counsel for the Respondent:
1. RAMA KRISHNA A
3 CMR,J & GTK,J W.P.No.32671 of 2025
The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy)
When the matter is taken up for hearing, learned counsel for the petitioner seeks permission to withdraw the writ petition. 2. Permission is accorded. 3. Accordingly, the Writ Petition is dismissed as withdrawn. 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: 08.01.2026 MDP