WA/349/2026 of M/s. SS Agri Group Private Limited, Vs Union of India on 6 April 2026

1. M/s.S.S.AGRI GROUP OFFICE AT D.NO.3-2 KRISHNA NAGAR, REPRESENTED BY MRS. CHERUKURI S YEARS, R/o.5-60-2/ GUNTUR, ANDHRA P

1. UNION OF INDIA, RE OF CORPORATE AFF

2. THE UNION BANK MANAGER / AUTHOR KOTHAPETA, GUNT

3. THE UNION BANK MANAGER / AUTHOR ANDHRA BANK BUIL NTR DISTRICT, ANDH

CORAM:- HON’BLE Mrs. J HON’BLE Mr.JU Present : Mrs. Shaik Shahe

Mrs. P.Saraswath

No.1

Mrs.V.Dyumani, l

HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Y, THE SEVENTH DAY OF APRIL THOUSAND AND TWENTY SIX T APPEAL No: 349 of 2026 P PRIVATE LIMITED, HAVING ITS REG 29-40/1, FLAT NO.401, VANAMALI

GUNTUR-522006, ANDHRA P ITS DIRECTOR / AUTHORIZED SIG SIRISHA, W/o.CH. NARESH, AGED A /10, 4TH LANE, 2ND CROSS, ASHOK PRADESH - 522007. ...AP AND EPRESENTED BY ITS SECRETARY, M FAIRS, NEW DELHI. OF INDIA, REPRESENTED BY ITS RIZED OFFICER, MID CORPORATE UR, ANDHRA PRADESH - 522001. OF INDIA, REPRESENTED BY ITS RIZED OFFICER, ASSET RECOVERY DING, R.R. APPA RAO STREET, VIJA HRA PRADESH 520001. ...RESPON JUSTICE LISA GILL USTICE NINALA JAYASURYA edaz, Advocate for appellant hi, Central Government Counsel for resp earned Counsel for respondents No.2 an

GISTERED TOWERS, PRADESH, GNATORY, ABOUT 39 K NAGAR, PPELLANT MINISTRY BRANCH BRANCH, BRANCH BRANCH, AYAWADA, NDENT(S): pondent nd 3.

LISA GILL, J.

1. This writ appeal has been filed by appellant / writ petitioner being aggrieved of interim relief as sought in I.A.No.1 of 2026 in Writ Petition No.7641 of 2026, not being afforded.

2. It is submitted that notice was issued in above said writ petition on 18.03.2026. However, interim relief as sought was not afforded and the application is still pending adjudication. Learned counsel for appellant submits that writ petition has been filed by petitioner seeking declaration of its account NPA to be illegal, arbitrary and in violation of applicable provisions of law and Guidelines issued by the Reserve Bank of India.

3. It is further submitted that proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI) were initiated by respondent – Bank and that petitioner approached learned Debt Recovery Tribunal (for short ‘DRT’) challenging the said proceedings. In the meanwhile, respondent-Bank proceeded to file a petition under Section 7 of the Insolvency and Bankruptcy Code(IBC) before the learned National Company Law Tribunal (NCLT), Amaravati branch. Notice has been issued therein and counter thereto has been filed by present petitioner. The matter is pending before learned NCLT. In view thereof, petitioner’s reputation would suffer irreparable harm.

4. Learned counsel for the respondent, on advance notice, has opposed this appeal.

5. We have heard learned counsel for parties and have perused the file.

6. It is a matter of record that petition under section 7 of IBC has been filed by respondent-Bank in which notice has been issued and petitioner is duly represented and counter has also been filed by it. Notice in the writ petition has been issued by Single Bench at this stage and matter is pending adjudication.

7. All pleas as have been agitated before us are clearly subject matter of the issue(s) involved in the writ petition as well as the matter before learned NCLT. We have duly taken note of the issue of moratorium setting in with the filing of petition under Section 7 of IBC. In our considered opinion, no ground for interference, at this stage is made out in exercise of appellate jurisdiction, lest there be prejudice to any of the parties. It is open to appellant to raise all available pleas before learned Writ Court as well as learned NCLT in accordance with law.

8. Writ Appeal is dismissed with liberty to appellant to pursue the pending matters. There is no expression of opinion on merits of the matter. No costs.

Pending application(s), if any, stand(s) disposed of accordingly. (LISA GILL) JUDGE

(NINALA JAYASURYA) JUDGE Date:07.04.2026 BLV

THE HON’BLE Mrs. JUSTICE LISA GILL THE HON’BLE Mr.JUSTICE NINALA JAYASURYA

WRIT APPEAL No: 349 OF 2026 Date: 07.04.2026 BLV