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

M/S. ABK GREEN A ND AGRO VENTURES,, REP BY T I S PARTNERS, MR KANCHARLA ANAND BABU AND MRS KANC H ARLA VIJAYA KUMARI SITUA T ED AT 17-125 OLD, 84-23-1955, NEW 12/3, SRINIVARAO PET A , GUNTUR ANDHRA PRADESH - 5 2 2004.

¶10

MR KANCHARLA ANAND BABU,, S/O SRI K. JAC O B AGED 52 YEARS, OCC B U SINESS, R/O D.NO 25-16-85 F L AT NO 204-B RISHI VALLEY A PARTMENT, SRINIVASARAOPET MAIN ROAD GUNTUR, ANDHR A PRADESH - 522 004.

¶11

MRS KANCHARL A VIJAYAKUMARI,, W/O SRI U. BA L U, AGED 49 YEARS, OCC BU S INESS, R/O D. NO 408, B-BLOCK, T EMPLE TREE PARK APARTME N TS ANKIREDDYPALEM ROAD, NALLAPADU, GUNTUR- 522 005.

¶12

...PETITIONER(S)

¶13

AND

¶14

THE AUTHORISE D OFFICER/CHIEF MANAGER, M/s B ank of Baroda, Situated at Arund e lpet Branch, 31-4-391, 4/3, Aru d elpet, Guntur522002, E.Mail. vi g [email protected]

¶15

...RESPONDENT

¶16

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, order or direction, more in the nature of Writ of

¶17

2

¶18

CMR,J & GTK,J W.P.No.6050 of 2026

¶19

Mandamus, the action of the respondent in issuing the impugned E-Auction notice dt. 13-02-2026 proposing to conduct auction for the properties described in the impugned notice belonging to the petitioners on 05-03-2026, despite the pendency of the S.A No. 631 of 2025 before the Honble Debt Recovery Tribunal Visakhapatnam as illegal, violative of Article 14,15,16 and 300-A of the Constitution of India and SARFAESI Act, 2002, the Security Interest of Enforcement) Rules 2002, and RBI guidelines and consequentially to set aside the same and to pass such

¶20

IA NO: 1 OF 2026

¶21

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 stay of all further proceedings in pursuance of the E- Auction sale notice dated 13-02-2026 by fixing the date of auction 05-03-2026pending disposal of the above writ petition forthwith pending disposal of the above writ petition and to pass any other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.

¶22

Counsel for the Petitioner(S):

¶23

1.K V RAJENDRA PRASAD

¶24

Counsel for the Respondent:

¶25

¶26

3

¶27

CMR,J & GTK,J W.P.No.6050 of 2026

¶28

The Court made the following:

¶29

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

¶30

Heard learned counsel for the petitioners.

¶31

The limited grievance of the writ petitioners is only relating to nondisposal of the interlocutory application filed in securitization application No.631 of 2025, seeking stay of auction scheduled to be held on 05.03.2026.

¶32

The petitioners have filed securitization application No.631 of 2025 before the Debts Recovery Tribunal, Visakhapatnam, challenging the E-auction notice that was issued by the Bank. Along with the said securitization application, they have filed an interlocutory application, seeking stay of the proceedings. It is their grievance that the said stay petition is not being considered and disposed of even though there is an urgency to pass appropriate orders on it. It is contended that the auction is scheduled to be held on 05.03.2026 and there is urgency to dispose of the said stay application.

¶33

Therefore, in the said facts and circumstances of the case, this Writ Petition is disposed of with a direction to the Debts Recovery Tribunal, Visakhapatnam, to dispose of the stay petition filed by the petitioners in securitization application No.631 of 2025 by 5:00 P.M., tomorrow i.e., on 04.03.2026, without fail, by passing appropriate orders, according to law, on it, on merits. There shall be no order as to costs.

¶34

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

¶35

________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

¶36

_____________________________ JUSTICE TUHIN KUMAR GEDELA

¶37

Date: 03.03.2026 Note: Issue C.C. by today B/o. MDP

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

Case brief

What is this about?

What did the court decide?

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

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

Kalavakollu Dhana Lakshmi, Vs The State of Andhra Pradesh

City Union Bank Vs the Debt Recovery Tribiunal