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february 2025

High Court of Andhra Pradesh · 2025-02-12

WP/3764/2025 of M/S SWETHA PVC INDUSTRIES Vs THE STATE BANK OF INDIA

Citation / case number
APHC010068812025
Court
High Court of Andhra Pradesh
Petitioner
WP/3764/2025 of M/S SWETHA PVC INDUSTRIES
Respondent
THE STATE BANK OF INDIA
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Judgment text excerpt

APHC010068812025 Bench Sr.No:-7 IN THE HIGH COURT OF ANDHRA PRADESH [3522] AT AMARAVATI WRIT PETITION NO: 3764 of 2025 M/s. Swetha PVC Industries ...Petitioner Vs. The State Bank of India and others ...Respondents ********** Advocate for petitioner : Sri D. Krishna Murthy Advocate for respondents : Sri Venkata Rama Rao Kota, learned Standing Counsel for State Bank of India appearing for respondent No.1. CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR DR. JUSTICE Y. LAKSHMANA RAO DATE : 13th February 2025 PC: The petitioner seeks to challenge the action of the respondent Bank in resorting to the procedure prescribed under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act) and in trying to auction the property of the petitioner, which is a secured asset with the respondent bank, on the principal ground that being a Micro, Small and Medium Enterprise (MSME), the bank is required to take steps for ensuring rehabilitation of the petitioner by identifying incipient stress in terms of the mandate of Notification bearing S.O. 1432(E) dated 29.05.2015 issued by the Central Government in exercise of the powers conferred in