Disposed¶30

Romala Srinivasa Rao v. Asset Recovery Branch

Andhra Pradesh HC2 Mar 2026WP/5044/2026

Case brief

AI extract

What is this about?

SARFAESI e-auction challenge; writ petition disposed with direction to DRT Visakhapatnam to expedite disposal of stay petition I.A.No.703 of 2026 in S.A.No.98/2026 (sale certificate registration) within one week; Union Bank of India asset recovery; Sale Notice dated 07-01-2026; e-auction 28-01-2026; Article 226; Article 300-A; Section 151 CPC; no findings on merits of auction; no costs.

What did the court decide?

Direction to the Debts Recovery Tribunal, Visakhapatnam to dispose of Interlocutory Application No.703 of 2026 expeditiously within one week from the date of receipt of the order, on merits and according to law; no order as to costs; pending interlocutory applications, if any, stand closed. ¶30

Romala Srinivasa Rao Vs Asset Recovery Branch — Banking and Recovery | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

¶30

Issue for consideration

Whether the Debts Recovery Tribunal, Visakhapatnam should be directed to dispose of the petitioner's undisposed stay petition in Interlocutory Application No.703 of 2026 in securitization application No.98 of 2026, seeking not to register the sale certificate. +1 more

¶29

Court's answer

The Writ Petition is disposed of with a direction to the Debts Recovery Tribunal, Visakhapatnam to dispose of Interlocutory Application No.703 of 2026 expeditiously, within a period of one week from the date of receipt of the order, by passing appropriate orders on merits, according to law.

¶30

Ratio / Principle

As a sequel, interlocutory applications pending, if any, shall stand closed; there shall be no order as to costs.

¶31

Detailed headnote1 paragraphs

Writ Petition (Article 226) by the borrower/proprietor of M/s Sri Srinivasa Stone Crusher challenging the respondent Union Bank of India's e-auction conducted on 28-01-2026 pursuant to Sale Notice dated 07-01-2026 as illegal, arbitrary and contrary to the SARFAESI Act and Article 300-A, and seeking restraint on issuance/registration of the Sale Certificate till disposal of S.A.No.98/2025 before the Debts Recovery Tribunal, Visakhapatnam. The Court confined itself to the petitioner's limited grievance that his stay petition in I.A.No.703 of 2026 in securitization application No.98 of 2026 (seeking not to register the sale certificate) was not being disposed of by the DRT, and disposed of the writ petition with a direction to the DRT, Visakhapatnam to decide the interlocutory application expeditiously within one week from receipt of the order, on merits and according to law. No order as to costs; pending interlocutory applications closed. The legality of the e-auction itself was not adjudicated.

¶1

[3558]

¶2

APHC010089682026

¶3

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

¶4

TUES D AY, THE THIRD DAY OF MARCH TW O THOUSAND AND TWENTY SIX

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA

¶7

WRIT PETITION NO: 5044/2026

¶8

Between:

¶9

ROMALA SRINIVA S A RAO, S/O SURI BABU, PROPR I ETOR OF M/S SRI SRINIVAS A STONE CRUSHER, R /O.D.NO.-SO, PAPAYYARAJUPA L EM VILLAGE, SUJATH A NAGAR, VISAKHAPATNAM TOWN, VISAKHAPATNAM DISTRI C T - 530051.

¶10

...PETITIONER

¶11

AND

¶12

ASSET RECOVE R Y BRANCH, Union Bank of India, Rep. by its Authorized Offic e r, O/o. D.No. 6-05-150, C hingalraopeta, Visakhapatnam To w n and District- 530001.

¶13

...RESPONDENT

¶14

Petition under Artic l e 226 of the Constitution of India pr a ying that in the circumstances stated in the affidavit filed therewith, the Hig h Court may be pleased to issue a Writ o r Order or Direction more particularl y the one in the nature Writ of Manda m us by declaring the action, thing s and deeds of Respondent Bank in co n ducting the e-auction on 28-01-2026 in pursuance of Sale Notice dated 0 7-01-2026, which is illegal, irre g ular, arbitrary, unwarranted, unfair, un j ustified, unconstitutional, against to t he Principles of Natural Justice contrary to the provisions of SARFAESI Act a n d its Rules and in violation of Article 3 0 0-A of Constitution of India and consequently direct the Respondent Bank n ot to issue Sale Certificate and regi s ter the same in favour of the Auction P u rchaser in respect of property in an e xtent of Ac.4.59 cents or 1.847hectors o r 22,215.6 Sq Yards in Sy.No.178/1 (Ac.1.87 cents),

¶15

¶16

CMR,J & GTK,J W.P.No.5044 of 2026

¶17

178/3 (Ac.0.23 cents), 178/4 (Ac.0.07 cents), 178/5 (Ac.0.43 cents) and 178/6 (Ac. 1.99 cents) and an extent of Ac0.40 cents or 0.162 Hectors or 1936.00 Sq. Yards including ACC Sheets Shed and Stone Crusher Machinery overed in Sy.No. 178/7 (Ac0.21 cents) and 178/9 (Ac.0.19 Cents) of Vakapall Village, K.Kotapadu Sub Division, Devarapalli Mandal, Visakhapatnam District till the outcome in S.A.No.98/2025 pending before the Debts Recovery Tribunal, Visakhapatnam under the circumstances of the case and pass such other order or orders as deem fit and proper in the circumstances of the case.

¶18

IA NO: 1 OF 2026

¶19

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 to direct the Respondent Bank not to issue Sale Certificate and register the Same in favour of the Auction Purchaser in respect of property in an extent of Ac.4.59 cents or 1.847 hectors or 22,215.6 Sq Yards in Sy.No.178/1 (Ac.1.87 cents), 178/3 (Ac.0.23 cents), 178/4 (Ac.0.07 cents), 178/5 (Ac.0.43 cents) and 178/6 (Ac. 1.99 cents) and an extent of Ac.0.40 cents or 0.162 Hectors or 1936.00 Sq. Yards including ACC Sheets Shed and Stone Crusher Machinery in Sy.No.178/7 (Ac.0.21 cents) and 178/9 (Ac.0.19 Cents) of Vakapall Village, K.Kotapadu Sub Division, Devarapalli Mandal, Visakhapatnam pending disposal of the main Writ Petition and to pass

¶20

Counsel for the Petitioner:

¶21

1.NARASIMHA RAO GUDISEVA

¶22

Counsel for the Respondent:

¶23

1.RANGA SURYA PRAKASH RAO KOLA

¶24

¶25

CMR,J & GTK,J W.P.No.5044 of 2026

¶26

The Court made the following:

¶27

ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy)

¶28

Heard learned counsel for the petitioner and learned counsel for the respondent-Union Bank of India.

¶29

The only limited grievance of the writ petitioner is that the stay petition in interlocutory application No.703 of 2026 filed by him in securitization application No.98 of 2026, seeking not to register the sale certificate is not being disposed of by the Debts Recovery Tribunal, Visakhapatnam.

¶30

Therefore, having regard to the said limited grievance of the writ petitioner, this Writ Petition is disposed of with a direction to the Debts Recovery Tribunal, Visakhapatnam, to dispose of the interlocutory application No.703 of 2026, expeditiously, within a period of one week from date of receipt of this order, by way of passing appropriate orders on merits, according to law. There shall be no order as to costs.

¶31

As a sequel, Interlocutory Applications pending, if any, shall stand closed.

¶32

________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

¶33

_____________________________ JUSTICE TUHIN KUMAR GEDELA

¶34

Date: 03.03.2026 MDP

Romala Srinivasa Rao v. Asset Recovery Branch

Case brief

What is this about?

What did the court decide?

Romala Srinivasa Rao v. Asset Recovery Branch

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Mathamsetti Naga Veera Venkata Satyanarayana, Vs Shriram Finance Limited

Divya Modern Rice Mill Vs the Reserve Bank of India

Mekala Sravani, Vs The State of Andhra Pradesh

Veeraraju Gurram Vs the Iifl Home Finance Limited

M/s. Abk Green and Agro Ventures, Vs The Authorised Officer/Chief Manager

Kalavakollu Dhana Lakshmi, Vs The State of Andhra Pradesh