1 APHC010420252026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 11th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM WRIT PETITION NO: 22745 OF 2026 Between: 1. SRI MATHA ENTERPRISES, 59-13-39, Pinnamaneni Polytechnic Road, Gayatri Nagar, Vijayawada, Krishna District - 520008, Represented by its Managing Partner, Smt. Deepthi Saggurthi. . 2. Deepthi Saggurthi @ Kancharla Deepthi,, W/o Late Kancherla Srikanth, aged about 39 years, R/o H.No. 59A-16-5/1, RTC Colony, Vijayawada - 520008. 3. K.V.V.S. Ramprasad @ Kunapareddy Veera Venkata Satya Ram Prasad,, S/o Sreemanarayana Murthy, aged about 38 years, R/o D.No. 8-171, Ramalayam Bazaar, Prasadampadu, Enikepadu, Vijayawada - 521108 ...Petitioners AND 1. THE SOUTH INDIAN BANK LTD, Regional Office - Vijayawada At D.No.54- 18/37/3-1, 1st Floor, Sri Sai Venkata Krishna Nilaym, Radio Colony, Vj Polytecnic S.O. - 520008 2. The Chief ManagerCumAuthorized Officer, South Indian Bank Ltd., Vijayawada Branch, 1-Town, Vijayawada.520001 ...Respondents 2 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 toissue a Writ, Order, or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent Nos. 1 AND 2 in issuing the E-Auction Sale Notice vide Ref ROVYD/Br0142/Sale/28/2026-27 dated 20-07-2026 scheduling the auction on 11-08-2026 during the pendency of steps for restoration of S.A. No. 161/2024 on the file of DRT, Visakhapatnam, as arbitrary, illegal, unjust, and violative of Articles 14, 21, and 300-A of the Constitution of India and it is further consequently prayed that this Hon'ble Court may be pleased to set aside or stay all further proceedings pursuant to the E-Auction Notice dated 11-08- 2026 issued by Respondent Nos. 1 AND 2 in respect of the Petitioners' remaining schedule property and 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 Grant stay of all further proceedings, including the E- Auction vide Ref:ROVYD/Br0142/Sale/28/2026-27 dated 20-07-2026 scheduling the auction on 11-08-2026, pursuant to the impugned Sale Notice issued by Respondents No. 1 & 2 for the Petitioners' schedule property, Counsel for the Petitioners: PASALAPUDI SATYA HARITHA Counsel for the Respondents: SREEDHAR VALIVETI The Court made the following order: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM WRIT PETITION NO. 22745 OF 2026 ORDER: (Per Hon’ble Sri Justice Battu Devanand) Heard the learned counsel for the petitioners and Mr Sreedhar Valiveti, learned counsel for the respondents. Perused the material available on record. 2. Learned counsel for the petitioners submits that the 1st petitioner firm availed financial facilities to an amount of Rs.3,95,00,000/- from the 1st respondent through its branch at Vijayawada in the year 2018. The said loan was availed to acquire an aircraft structure and establish a theme restaurant near Nidamanuru Petrol Pump, Vijayawada. However, owing to unprecedented market disruption caused by the COVID-19 pandemic and subsequent macro-economic fallout, the business suffered severe operational distress, resulting in the account being classified as Non-Performing Asset. Subsequently, the 1st respondent-bank initiated proceedings under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the Act’). At that stage, the petitioners filed S.A.No.161 of 2024 before Debts Recovery Tribunal, Visakhapatnam and the said S.A was ‘dismissed for default’ on 28.05.2026. The learned counsel for the petitioners submits that the petitioners are taking steps to restore S.A.No.161 of 2024 before Debts Recovery Tribunal, 4 Visakhapatnam. But, in the meanwhile, the 1st respondent-bank is proceeding with the auction of the scheduled property pursuant to the E-auction sale notice, dated 20.07.2026. Hence, the learned counsel requests to protect the interest of the petitioners in the interest of justice till appropriate steps are taken by the petitioners to restore S.A.No.161 of 2024 on the file of Debts Recovery Tribunal, Visakhapatnam. 3. On the other hand, Sri Sreedhar Valiveti, learned counsel appearing for the respondents on instructions would submit that the 1st respondent is not proceeding with the auction of the scheduled property pursuant to the E-auction sale notice, dated 20.07.2026 which was scheduled to be held today i.e., 11.08.2026 due to lack of bidders. 4. Having considered the submissions of respective counsels on both sides and taking into consideration the fact that the auction scheduled to be held on 11.08.2026 is not being conducted due to lack of bidders, we are of the considered view that it is not necessary to go into the merits of the case and deems it appropriate to dispose of the Writ Petition with certain directions. 5. Accordingly, this Writ Petition is disposed of with the following directions:- 1) The petitioners shall take steps to file restoration petition to set aside the default order passed by the Debts Recovery Tribunal, Visakhapatnam on 28.05.2026 in S.A.No.161 of 2024. 5 2) If the 1st respondent is proceeding to issue a fresh E-auction sale notice for auction of the scheduled property, it is open to the petitioners to take appropriate steps in accordance with law to ventilate their grievance. 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: 11.08.2026 TM 6 THE HONOURABLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM WRIT PETITION NO. 22745 OF 2026 Dated: 11.08.2026 TM