Andhra Pradesh High Court
WP/2963/2026 of M/s. Kotak Mahindra Bank Ltd Vs V. Rahul Chethan on 2 February 2026
HIGH COURT OF ANDHRA PRADESH TUESDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI WRIT PETITION NO: 2963/2026 Between: 1. M/S. KOTAK MAHINDRA BANK LTD, .6 CHAMBERS, 2ND FLOOR, RAJ BHAVAN ROAD,SOMAJIGUDA, HYDERABAD-500082, REP. BY ITS
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1. M/S. KOTAK MAH CHAMBERS, 2ND HYDERABAD-5000 H.RAMESH KUMA PRESIDENT (LEGA
1. V RAHUL CHETH COLONY, TIRUPAT
2. VAVULURU SUDH REDDY COLONY, T
3. PALAMALA SUGU COLONY, TIRUPAT Petition under Articl circumstances stated in pleased to issue a Writ o Direction (i) declaring th Chief Judicial Magistrate 805/2025 filed by the SARFAESI Act 2002 as E HIGH COURT OF ANDHRA PRAD AT AMARAVATI (Special Original Jurisdiction) AY, THE THIRD DAY OF FEBRUARY O THOUSAND AND TWENTY SIX PRESENT RI JUSTICE CHEEKATI MANAVEND BLE SRI JUSTICE TUHIN KUMAR G RIT PETITION NO: 2963/2026 HINDRA BANK LTD, .6-3-1109/1, D FLOOR, RAJ BHAVAN ROAD,S 082, REP. BY ITS AUTHORIZED AR S/O H.V.SUBBA RAO OCC. D AL). AND HAN, R/O D.NO. 13-535, REDDY TI- 517501 HAKAR BABU, R/O D.NO. 13-535, TIRUPATI- 517501 UNA, R/O D.NO. 13-535, REDDY TI- 517501 ...RES le 226 of the Constitution of India pra the affidavit filed therewith, the High of Mandamus or any other appropriate he inaction of the Principal Senior C e, Chittoor in disposing the CrI.M.P. petitioner as per the time lines m illegal arbitrary and violative of artic DESH
DRANATH ROY GEDELA NAVABHARAT SOMAJIGUDA, OFFICER SRI DEPUTY VICE ...PETITIONER AND REDDY REDDY AND AND REDDY SPONDENT(S): aying that in the h Court may be e Writ, Order, or Civil Judge cum . vide CFR No. mentioned under cle 300A of the
Constitution of India and consequently direct to forthwith number the CrI.M.P. filed by the Petitioner under Section 14 of the SARFAESI Act, 2002 (sworn to on 29.09.2025) and to dispose of the said application and pass orders appointing an Advocate Commissioner for taking physical possession of the schedule property within a time-bound period not exceeding 30 days, in strict compliance with the SARFAESI Act and (iii) pas 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 to direct the registry of the Principal Senior Civil Judge cum Chief Judicial Magistrate, Chittoor to number the CrIM.P. filed vide CFR.no.805/2025 and pass Counsel for the Petitioner:
1. VENKATA NARAYANA RAO VEDULA Counsel for the Respondent(S):
1. The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy)
Heard learned counsel for the petitioner.
2. As the learned Principal Senior Civil Judge-cum-Chief Judicial Magistrate, Chittoor, is not disposing of the Crl.M.P. vide CFR No.805 of 2025 filed by the petitioner-Bank under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (for short, ‘the Act’), notices to respondents is hereby dispensed with, as this writ petition is being disposed of with a direction to the learned Principal Senior Civil Judge to dispose of the said application expeditiously.
3. The petitioner is the Bank, which has sanctioned loan to the 1st respondent-principal borrower. For which, respondent Nos.2 and 3 stood as guarantors, offering their immovable property as security for the loan sanctioned to the 1st respondent. As the borrower committed default in repayment of the loan amount, the Bank has initiated measures under the Act. After issuing notices under Sections 13(2) and 13(4) of the Act, the Bank has filed an application under Section 14 of the Act before the learned Principal Senior Civil Judge-cum-Chief Judicial Magistrate, Chittoor, to take possession of the secured asset, on 29.09.2025.
4. Now, the only grievance of the petitioner, as noticed supra, is that the learned Principal Senior Civil Judge-cum-Chief Judicial Magistrate, Chittoor, is not disposing of the said application. Therefore, the writ petition is disposed of with a direction to the learned Principal Senior Civil Judge-cum-Chief Judicial Magistrate, Chittoor, to dispose of the said Crl.M.P. vide CFR No.805 of 2025 on its file expeditiously by way of passing an appropriate order, according to law, within four weeks from date of receipt of this order.
5. The Writ Petition is disposed of with the above direction. 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: 03.02.2026 MDP