WP/24379/2025 of BONDALAPATI RAMA KOTESWARA RAO Vs STATE BANK OF INDIA on 27 October 2025

1. BONDALAPATI RAMA KOTESWARA RAO, S/O MANIKYA RAO, HINDU, AGED 62 YEARS, R/O 14-24-7/2, OLD TOWN, REPALLE, GUNTUR DISTRICT.

...PETITIONER AND

1. STATE BANK OF INDIA, REP. BY ITS CHAIRMAN, MAIN BRANCH, CORPORATE CENTRE AT STATE BANK BHAVAN, MADAME CAMA ROAD,MUMBAI, MAHARASTRA-400021.

2. STATE BANK OF INDIA, REP. BY ITS BRANCH MANAGER, ADB ISUKAPLLE BRANCH, REPALLE, GUNTUR DISTRICT.

...RESPONDENT(S): 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 to issue a Writ, Order, Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2nd Respondent in proposing to conduct auction of our gold, which are pledged in Account Nos.41224541032 and 41224567050 scheduled to be held on 15-09-2025, is illegal, arbitrary, irregular, contrary to the principles of natural justice, violation of fundamental rights as guaranteed under Article 19, 21 and 300-A of Constitution and consequently direct the 2nd Respondent not to conduct auction until the stipulated period for discharge of the debt is completed and pass

JS,J W.P.No.24379/2025

IA NO: 1 OF 2025 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 2nd Respondent not to conduct auction for the sale of gold ornaments pledged by us in Account Nos.41224541032& 41224567050 till completion of stipulated period for discharge of the debt and pass Counsel for the Petitioner:

1. M V S ANIL KUMAR R Counsel for the Respondent(S):

1.

2. VENKATA RAMA RAO KOTA

JS,J W.P.No.24379/2025

The Court made the following ORDER:

Heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondents – State Bank of India.

2. The Learned Standing Counsel states that the petitioner has not fulfilled the directives issued by this Court on September 24, 2025. Additionally, the Counsel explains that the Bank has upheld its lawful statutory right of lien, as stipulated under Section 171 of the Indian Contract Act, 1872.

3. The learned counsel for the petitioner, in reply, submits that the petitioner is prepared to repay the entire loan amount within two weeks of receiving a copy of this order.

4. The learned counsel for the petitioner and the learned Standing Counsel have agreed to dispose of the Writ Petition without going into merits.

5. Accordingly, this Court directs the petitioner to submit a representation to the respondents, along with all necessary documents, within one week from the date of receipt of a copy of this order. The respondents are then required to consider the representation and pass appropriate orders within two weeks thereafter.

5. With the above observation, the Writ Petition is disposed of. No order as to costs.

As a sequel, miscellaneous applications pending, if any, shall stand closed.

__________________________________ JUSTICE SUMATHI JAGADAM Dated: 28.10.2025 KAS

JS,J

THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

WRIT PETITION NO: 24379/2025

Dated: 28.10.2025 KAS