Dismissed¶¶32

Divya Modern Rice Mill v. the Reserve Bank of India

Andhra Pradesh HC1 Mar 2026WP/5773/2026

Case brief

AI extract

What is this about?

Writ Petition 5773/2026; AP High Court Amaravati; 02.03.2026; Divya Modern Rice Mill; G. Harindra Kumar; Union Bank of India Regional Office Srikakulam and Balaga Branch; Reserve Bank of India adjudicating authority; e-auction sale notice 22-01-2026 published 25-01-2026; mandatory thirty-day period; SARFAESI Act 2002; Security Interest (Enforcement) Rules 2002; Sri Sai Annadatha Polymers v. Canara Bank; Articles 14, 19(1)(g), 21, 226; IA 1/2026 Section 151 CPC stay; dismissed as withdrawn; liberty to approach DRT Visakhapatnam; no merits adjudication.

What did the court decide?

Dismissed as withdrawn with liberty to approach the Debts Recovery Tribunal, Visakhapatnam, for redressal of the grievance; no order as to costs; pending miscellaneous petitions, if any, stand closed. ¶¶32

Divya Modern Rice Mill Vs the Reserve Bank of… — Banking and Recovery | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the e-auction sale notice dated 22-01-2026, issued by respondent Nos. 2 and 3 and published on 25-01-2026 within thirty days from its issuance, was illegal, arbitrary and unconstitutional as against the mandatory thirty-day period laid down by the High Court of Telangana in Sri Sai Annadatha Polymers v. Canara Bank, and in violation of Articles 14, 19(1)(g) and 21 and the SARFAESI Act, 2002 and Security Interest (Enforcement) Rules, 2002 — raised in the petition but not adjudicated, as the petition was dismissed as withdrawn.

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Ratio / Principle

Permission accorded to withdraw the writ petition; the Writ Petition is dismissed as withdrawn granting liberty to approach the Debts Recovery Tribunal, Visakhapatnam, with no order as to costs.

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Detailed headnote1 paragraphs

Andhra Pradesh High Court at Amaravati, Writ Petition No. 5773/2026, decided 02.03.2026 (Coram: Cheekati Manavendranath Roy and Tuhin Kumar Gedela, JJ.; order per Roy, J.). Divya Modern Rice Mill (rep. by proprietor G. Harindra Kumar) sought declaration that the e-auction sale notice dated 22-01-2026 issued by Union Bank of India (respondent Nos. 2 and 3) and published on 25-01-2026 — within thirty days from issuance — was illegal, arbitrary and unconstitutional as against the mandatory thirty-day period stated to have been laid down by the Telangana High Court in Sri Sai Annadatha Polymers v. Canara Bank (2018 see Online Hyd 178), citing natural justice, Articles 14, 19(1)(g) and 21, the SARFAESi Act, 2002 and the Security Interest (Enforcement) Rules, 2002; IA No. 1 of 2026 under Section 151 CPC sought stay of auction proceedings. Learned counsel sought permission to withdraw with liberty to approach the Debts Recovery Tribunal, Visakhapatnam; permission accorded; petition dismissed as withdrawn, no costs; pending miscellaneous petitions closed. No issue adjudicated on merits; no holding recorded on the thirty-day e-auction publication requirement.

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APHC010107172026

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3558]

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MONDAY,THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX

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PRESENT

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

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WRIT PETITION NO: 5773/2026

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Between:

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DIVYA MODERN RICE MILL, REP. BY ITS REGISTERED PROPRIETOR G. HARINDRA KUMAR, S/O. ASIRINAIDU AGED ABOUT 41 YEARS, R/O. 1-86, MAIN STREET MAJJILIPETA, SRIKAKULAM, ANDHRA PRADESH

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...PETITIONER

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AND

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THE RESERVE BANK OF INDIA, CENTRAL OFFICE BUILDING SHAHID BHAGAT SINGH ROAD MUMBAI400 001 REPRESENTED BY ITS ADJUDICATING AUTHORITY 2.

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THE UNION BANK OF INDIA, RE. BY ITS CHIEF MANAGER. REGIONAL OFFICE, VENKATAPURAM JUNCTION, NEW BRIDGE ROAD, NEAR SIMHADWARAM, SRIKAKULAM, AP-532005 3.

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THE THE UNION BANK OF INDIA, REP. BY ITS BRANCH MANAGER BALAGA BRANCH PALAKONDA ROAD, BALAGA, SRIKAKULAM

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...RESPONDENT(S):

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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, Order, or Direction, more particularly in the nature of a Writ of Mandamus, declaring the actions of the respondent no.2 and 3 in issuing the e-auction sale notice dated 22-01-2026, and publishing

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the same on 25-01-2026 i.e within thirty days from the date of issuance of the e-auction sale notice, as against the mandatory thirty-day period as laid down by the Honble High Court of Telangana in Sri Sai Annadatha Polymers v. Canara Bank 2018 see Online Hyd 178 without considering my representations , as illegal, arbitrary, unconstitutional and in violation of principles of natural justice. Article 14, 19(1)(g), 21 of Indian Constitution and contrary to the provisions of the SARFAESi Act, 2002 and the Security Interest (Enforcement) Rules, 2002, and consequently to set aside the said e auction sale notice dated. 22-01-2026 and to pass

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IA NO: 1 OF 2026

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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 of all further proceedings pursuant to e-auction sale notice dated.22- 01-2026 pending disposal of the present writ petition and pass

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Counsel for the Petitioner:

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1.PILLIX LAW FIRM

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Counsel for the Respondent(S):

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The Court made the following:

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

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Learned counsel for the petitioner seeks permission to withdraw the writ petition with liberty to approach the Debts Recovery Tribunal, Visakhapatnam, for redressal of their grievance.

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Permission is accorded.

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Therefore, the Writ Petition is dismissed as withdrawn granting liberty as prayed for. There shall be no order as to costs.

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Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.

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________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

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_____________________________ JUSTICE TUHIN KUMAR GEDELA

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Date: 02.03.2026