Andhra Pradesh High Court - Amravati
M/S. Reddy Raw Rice Mill vs The Canara Bank on 9 March, 2026
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
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APHC010123802026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3558]
(Special Original Jurisdiction)
MONDAY,THE NINTH DAY OF MARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA
WRIT PETITION NO: 6505/2026
Between:
1. M/S. REDDY RAW RICE MILL, JALADANKI, JALADANKI MANDAL,
SPSR NELLORE DISTRICT REP. BY ITS MANAGING PARTNER
M.RAGHAVA REDDY.
...PETITIONER
AND
1. THE CANARA BANK, SPECIALIZED ASSETS RECOVERY AND
MANAGEMENT BRANCH (SPECIALIZED ARM BRANCH), 7 ROADS
CIRCLE, CANARA BANK BUILDING, 2ND FLOOR, KADAPA - 516
002., REP. BY ITS AUTHORIZED OFFICER.
2. THE CANARA BANK, KAVALI-1 BRANCH, KAVALI, SPSR NELLORE
DISTRICT - 524 201.
3. THE CANARA BANK, SPECIALIZED ASSET RECOVERY AND
MANAGEMENT BRANCH (SPECIALIZED ARM BRANCH), KVC
ARCADE, 3RD FLOOR, 13-1, RC ROAD, VANI NAGAR, AVILALA,
TIRUPATI - 517 501, REP. BY ITS AUTHORIZED OFFICER.
...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 of mandamus or any other appropriate writ
or direction declaring the action of the respondents in proposing to auction
the mortgaged properties on 10.03.2026 pursuant to the notice issued to the
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petitioner dated 17.02.2026 as illegal, arbitrary, mala-fide and in violation of
the Securitization and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002 and the Security Interest (Enforcement) Rules,
2002 and consequently set aside the auction notice dated 17.02.2026
indicating the proposed auction date as 10.03.2026 and 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 the auction scheduled to be conducted on 10.03.2026 by the
respondent herein in pursuance of auction notice issued to the petitioner
dated 17.02.2026 issued by the respondent bank, pending disposal of the
Writ Petition and pass
Counsel for the Petitioner:
1. G SRAVAN KUMAR
Counsel for the Respondent(S):
1.
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The Court made the following:
ORDER:(Per Hon'ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioner.
2. Owing to the fact that the petitioner as a borrower committed default in repayment of the loan amount to the respondent-bank, the bank has initiated measures under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (for short, 'the Act') and took possession of the secured asset. Challenging the said act of taking possession of the secured asset, the petitioner has filed S.A.No.445 of 2023 before the Debts Recovery Tribunal, Visakhapatnam. While it is pending adjudication, the bank has issued sale notice to sell the secured asset. So the petitioner has filed a petition seeking amendment of the prayer. Alleging that the application seeking amendment was posted beyond the date of sale, the petitioner has filed this Writ Petition before this Court.
3. Even to challenge the sale notice, the petitioner got efficacious remedy by way of filing an application before the Debts Recovery Tribunal which is an appropriate forum to adjudicate the said lis under the Act. Therefore, we are not inclined to enter into the Writ Petition.
4. So, the Writ Petition is disposed of with a direction to the Writ Petitioner to pursue his remedy before the Tribunal. The Tribunal shall consider the amendment application and also other Interlocutory applications 4 expeditiously and pass appropriate orders on merits, according to law. 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: 09.03.2026 TM