Date of reserved for orders/judgment: - Date of pronouncement: 15-07-2026 Date of uploading : APHC010681322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 15th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM WRIT PETITION NO: 35363 OF 2025 Between: 1. MOHANA EXPORTS AND IMPORTS, Rep. by its Prop Challa Sreerama Chandra Murthy, S/o. (late) Narasimha Murthy, aged 40 years, R/o. D.No. 3- 15/11, Nagarjuna Bank Colony, Sudha Nagar, Vakalapudi, Kakinada-533 005 ...Petitioner AND 1. THE UNION OF INDIA, Ministry of Micro,Small and Medium Enerprises, J667 plus G57, Udyog Bhawan, Rafi Marg, Connaught Lane, Barakhamba, New Delhi-110001 2. The Reserve Bank of India, Central Office Building, Shahid Bhagat Singh Road, Fort, Mumbai, India, 400001. 3. ICICI Bank Limited, Regd. Office ICICI Bank Towers, Near Chokli Circle, Old Podra Road, Vadodara-390 007. 4. The Managing Director, ICICI Bank Limited, Head Quarters at ICICI Bank Towers, Bandra Kurla Complex, Mumbai-400 051 5. ICICI Bank Limited, Rep. by its Branch Manager, Kamala Complex, 0pp. Spencers, Subash Road, Near Sarpavaram Junction,Kakinada-533 001 6. The Authorised Officer, ICICI Bank Limited, 40-1-127 to 129 RIBG 3rd Floor, Murali Chambers, M.G. Road, Vijayawada-520 010. ...Respondents 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 Mandamus to I) Declare the action of the respondent No.5 in declaring the account of the petitioner as N.P.A. is in violation of the SCP/Circular (scheme), issued by the 1st respondent and master directions issued by the 2nd respondent as illegal, arbitrary and violative of fundamental right guaranteed under Article 300-A of the Constitution of India and statutory schemes issued by 1st respondent for revival and rehabilitation of Micro, Small and Medium Enterprises, dated 29-05-2015 and master directions issued by 2nd respondent dated 17-03-2016 ii) Declare the steps taken by the 5th respondent without complying Section 13(3-A) of the Act and notice dated 13-08-2025 under Section 13(4) of the SARFAESI Act affixed to the property on 06- 12-2025 by the Respondent No.5 before expiry of sixty(60) days as mentioned in notice under Section 13(2) is illegal, arbitrary and contrary to the principle laid down by the Honble Apex Court in the judgment in I.T.C. Limited v. Blue Coast Hotels and Crd. 2018) 15 see p.99 and set aside the same III) Declare that the action of the respondent No. 5 bank in proceeding against the alleged mortgaged property of guarantors is illegal, arbitrary and in violation of the scheme issued by the 1st respondent and master directions issued by the 2nd respondent as illegal, arbitrary and violative of fundamental right guaranteed under Article 300-A of the Constitution of India and statutory schemes issued by 1st respondent for revival and rehabilitation of Micro, Small and Medium Enterprises, dated 29- 05-2015 and master directions issued by 2nd respondent dated 17-03-2016 IV) Direct the 5th respondent bank to follow the statutory schemes issued by 1st respondent for revival and rehabilitation of Micro, Small and Medium Enterprises, dated 29-05-2015 and master directions issued by 2nd respondent dated 17-03-2016 setting aside the order declaring the account of the petitioner bearing No. 247705001046 as Non Performing Asset and re- start the procedure and V) 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 pleased to direct the respondents not to proceed with the collection of balance of debt due under Account No. 247705001046 of the petitioner by proceeding against the property of the petitioner’s guarantors, pending disposal of the main writ petition and pass Counsel for the Petitioner: MALLAVOLU NIKITHA Counsel for the Respondents: V VENKATA NAGA RAJU(CENTRAL GOVT COUNSEL) Counsel for the Respondents:DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondents:P BADRINATH The Court made the following order: THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM WRIT PETITION NO: 35363 OF 2025 ORDER: (Per Hon’ble Sri Justice Battu Devanand) The Writ Petition is filed seeking (i) to declare the action of the respondent No.5 in declaring the account of the petitioner as N.P.A is in violation of the SOP/Circular (scheme), issued by the respondent No.1 and master directions issued by the respondent No.2 as illegal, arbitrary and violative of fundamental right guaranteed under Article 300-A of the Constitution of India and statutory schemes issued by 1st respondent for revival and rehabilitation of Micro, Small and Medium Enterprises, dated 29.05.2015 and master directions issued by the respondent No.2, dated 17.06.2016; and (ii) to declare the steps taken by the 5th respondent without complying Section 13(13-A) of the Act and notice, dated 13.08.2025 under Section 13(4) of the SARFAESI Act affixed to the property on 06.12.2025 by the respondent No.5 before expiry of sixty (60) days as mentioned in notice under Section 13(2) is illegal, arbitrary and contrary to the principle laid down by the Hon’ble Apex Court in the Judgment in I.T.C Limited v. Blue Coast Hotels & Ord. and set aside the same. 2. Mr.K.P.R.Vital Kumar, learned counsel representing Ms.M.Nikitha, learned counsel for the petitioner, sought permission of this Court to withdraw this Writ Petition in view of the fact that the petitioner has already approached the Debts Recovery Tribunal, Visakhapatnam by filing S.A.No.272 of 2026. 3. Mr.P.Ravi Teja, learned counsel for respondent-Bank submits that after filing this Writ Petition, the petitioner approached the Debts Recovery Tribunal, Visakhapatnam and the proceedings are pending there. 4. In view of the above factual position, permission is granted to the petitioner to withdraw the Writ Petition. 5. Accordingly, the Writ Petition is dismissed as withdrawn. 6. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________________ JUSTICE BATTU DEVANAND _________________________________ JUSTICE SUNITHA GANDHAM Dated: 15.07.2026 PKR THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM 113 WRIT PETITION NO: 35363 OF 2025 Dated: 08.07.2026 PKR