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2026 DAILYLAW 369 (AP)

M/s. SS Agri Group Private Limited, v. Union of India

WA/349/2026 · 2026-04-06

Lisa Gill, Ninala Jayasurya

body2026

Judgment text

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APHC010150402026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX WRIT APPEAL No: 349 of 2026 Between: 1. M/s.S.S.AGRI GROUP PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT D.NO.3-29 KRISHNA NAGAR, GUNTUR REPRESENTED BY ITS DIRECTOR / AUTHORIZED SIGNATORY, MRS. CHERUKURI SIRISHA, W/o.CH. NARESH, AGED ABOUT 39 YEARS, R/o.5-60-2/10, 4 GUNTUR, ANDHRA PRADESH 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CORPORATE AFFAIRS, NEW DELHI. 2. THE UNION BANK OF INDIA, REPRESENTED BY ITS MANAGER / AUTHORIZED OFFICER, MID CORPORATE BRANCH, KOTHAPETA, GUNTUR, ANDHRA PRADESH 3. THE UNION BANK OF INDIA, REPRESENTED BY ITS BRANCH MANAGER / AUTHORIZED OFFICER, ASSET RECOVERY BRANCH, ANDHRA BANK BUILDING, R.R. APPA RAO STRE NTR DISTRICT, ANDHRA PRADESH 520001. CORAM:- HON’BLE Mrs. JUSTICE LISA GILL HON’BLE Mr.JUSTICE NINALA JAYASURYA Present : Mrs. Shaik Shahedaz, Mrs. P.Saraswathi No.1 Mrs.V.Dyumani, learned IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX WRIT APPEAL No: 349 of 2026 GROUP PRIVATE LIMITED, HAVING ITS REGISTERED 29-40/1, FLAT NO.401, VANAMALI TOWERS, KRISHNA NAGAR, GUNTUR-522006, ANDHRA PRADESH, REPRESENTED BY ITS DIRECTOR / AUTHORIZED SIGNATORY, MRS. CHERUKURI SIRISHA, W/o.CH. NARESH, AGED ABOUT 39 2/10, 4TH LANE, 2ND CROSS, ASHOK NAGAR, GUNTUR, ANDHRA PRADESH - 522007. ...APPELLANT AND UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CORPORATE AFFAIRS, NEW DELHI. THE UNION BANK OF INDIA, REPRESENTED BY ITS MANAGER / AUTHORIZED OFFICER, MID CORPORATE BRANCH, KOTHAPETA, GUNTUR, ANDHRA PRADESH - 522001. THE UNION BANK OF INDIA, REPRESENTED BY ITS BRANCH MANAGER / AUTHORIZED OFFICER, ASSET RECOVERY BRANCH, ANDHRA BANK BUILDING, R.R. APPA RAO STREET, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH 520001. ...RESPONDENT(S): s. JUSTICE LISA GILL BLE Mr.JUSTICE NINALA JAYASURYA Shaik Shahedaz, Advocate for appellant P.Saraswathi, Central Government Counsel for respondent s.V.Dyumani, learned Counsel for respondents No.2 and 3. IN THE HIGH COURT OF ANDHRA PRADESH [3575] GROUP PRIVATE LIMITED, HAVING ITS REGISTERED 40/1, FLAT NO.401, VANAMALI TOWERS, 522006, ANDHRA PRADESH, REPRESENTED BY ITS DIRECTOR / AUTHORIZED SIGNATORY, MRS. CHERUKURI SIRISHA, W/o.CH. NARESH, AGED ABOUT 39 CROSS, ASHOK NAGAR, ...APPELLANT UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY THE UNION BANK OF INDIA, REPRESENTED BY ITS BRANCH MANAGER / AUTHORIZED OFFICER, MID CORPORATE BRANCH, THE UNION BANK OF INDIA, REPRESENTED BY ITS BRANCH MANAGER / AUTHORIZED OFFICER, ASSET RECOVERY BRANCH, ET, VIJAYAWADA, ...RESPONDENT(S): respondent No.2 and 3. W.A.No.349 of 2026 -2- LISA GILL, J. 1. This writ appeal has been filed by appellant / writ petitioner being aggrieved of interim relief as sought in I.A.No.1 of 2026 in Writ Petition No.7641 of 2026, not being afforded. 2. It is submitted that notice was issued in above said writ petition on 18.03.2026. However, interim relief as sought was not afforded and the application is still pending adjudication. Learned counsel for appellant submits that writ petition has been filed by petitioner seeking declaration of its account NPA to be illegal, arbitrary and in violation of applicable provisions of law and Guidelines issued by the Reserve Bank of India. 3. It is further submitted that proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI) were initiated by respondent – Bank and that petitioner approached learned Debt Recovery Tribunal (for short ‘DRT’) challenging the said proceedings. In the meanwhile, respondent-Bank proceeded to file a petition under Section 7 of the Insolvency and Bankruptcy Code(IBC) before the learned National Company Law Tribunal (NCLT), Amaravati branch. Notice has been issued therein and counter thereto has been filed by present petitioner. The matter is pending before learned NCLT. In view thereof, petitioner’s reputation would suffer irreparable harm. 4. Learned counsel for the respondent, on advance notice, has opposed this appeal. W.A.No.349 of 2026 -3- 5. We have heard learned counsel for parties and have perused the file. 6. It is a matter of record that petition under section 7 of IBC has been filed by respondent-Bank in which notice has been issued and petitioner is duly represented and counter has also been filed by it. Notice in the writ petition has been issued by Single Bench at this stage and matter is pending adjudication. 7. All pleas as have been agitated before us are clearly subject matter of the issue(s) involved in the writ petition as well as the matter before learned NCLT. We have duly taken note of the issue of moratorium setting in with the filing of petition under Section 7 of IBC. In our considered opinion, no ground for interference, at this stage is made out in exercise of appellate jurisdiction, lest there be prejudice to any of the parties. It is open to appellant to raise all available pleas before learned Writ Court as well as learned NCLT in accordance with law. 8. Writ Appeal is dismissed with liberty to appellant to pursue the pending matters. There is no expression of opinion on merits of the matter. No costs. Pending application(s), if any, stand(s) disposed of accordingly. (LISA GILL) JUDGE (NINALA JAYASURYA) JUDGE Date:07.04.2026 BLV W.A.No.349 of 2026 -4- THE HON’BLE Mrs. JUSTICE LISA GILL THE HON’BLE Mr.JUSTICE NINALA JAYASURYA WRIT APPEAL No: 349 OF 2026 Date: 07.04.2026 BLV