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2026 DAILYLAW 3090 (AP)

CHALLA SRIRAMACHANDRA MURTHY v. INDIAN BANK

WP/2492/2026 · 2026-06-15

A Hari Haranadha Sarma, Battu Devanand

body2026

Judgment text

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1 APHC010040412026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] TUESDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 2492/2026 Between: 1. CHALLA SRIRAMACHANDRA MURTHY, S/O. NARASIMHA MURTHY, AGED 40 YEARS, R/O. D.NO. 4-204,KAPULARAMALAYAM VEEDHI NEAR KAPULA RAMALAYAM, PATAVALA, THALLAREVU MANDAL- 533 461, KAKINADA DISTRICT. 2. CHALLA SOMA SITA VEERALAKSHMI, W/O. CHALLASRIRAMACHANDRA MURTHY, AGED 36 YEARS R/O. D.NO. 4-204,KAPULARAMALAYAMVEEDHI, NEAR KAPULA RAMALAYAM, PATAVALA, THALLAREVU MANDAL-533 461, KAKINADA DISTRICT. ...PETITIONER(S) AND 1. INDIAN BANK, PB NO. 5555, 254-260, AVVAI SHANMUGAM SALAI, ROYAPETTAH, CHENNAI-600 014. 2. THE BRANCH MANAGER/AUTHORIZED OFFICER, INDIAN BANK, BHASKARNAGAR BRANCH, KAKINADA.-533003. ...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 topleased to issue a Writ or direction more particularly one in the nature of Writ of Mandamus i) To declare the Demand Notice issued under Section 13(2) of Securitization and Reconstruction of Financial Assets and 2 Enforcement of Security Interest Act dated 20.11.2025 by the 2nd Respondent Authorized Officer/Bank as illegal and without jurisdiction in view of the bar under Section 26D of the of Securitization and Reconstruction of Financial Enforcement of Security Interest Act ii)To set aside the notice issued under Section 13(2) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act dated 20.11.2025 by the 2nd Respondent Authorized Officer/Bank and all consequential proceedings and iii) pass 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 pleased to stay all further proceedings in pursuance of the Notice issued under Section 13(2) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act dated 20-11-2025 by the 2nd respondent Ban/Authorized Officer pending disposal of the main writ petition and pass Counsel for the Petitioner(S): 1. MALLAVOLU NIKITHA Counsel for the Respondent(S): 1. SREEDHAR VALIVETI The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO. 2492 of 2026 ORDER: (Per Hon’ble Sri Justice Battu Devanand) Ms Mallavolu Nikitha, learned counsel for the petitioners sought permission of this Court to withdraw this Writ Petition in view of the subsequent developments happened during pendency of this Writ Petition. 2. Permission is granted. 3. Accordingly, the Writ Petition is dismissed as withdrawn. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND __________________________________ JUSTICE A.HARI HARANADHA SARMA Dated: 16.06.2026 TM 4 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 2492/2026 Dated: 16.06.2026 TM