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2026:APHC:32381 APHC010649642025 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.Nos:-

33 & 34 AT AMARAVATI [3575]

WRIT PETITION NOs: 33590 & 33741 of 2025

(1) Kotak Mahindra Bank Limited ...Petitioner Vs.

The Reserve Bank Of India and Others ...Respondent(s)

AND

(2) The Bank Of Maharashtra, ...Petitioner Vs.

M/s Kotak Mahindra Bank Limited and Others ...Respondent(s)

**********

CORAM: HON’BLE MRS JUSTICE LISA GILL HON’BLE MR JUSTICE NINALA JAYASURYA

DATE : 2^nd APRIL, 2026

Present: Mr. P. Badrinath, Advocate for Petitioner in WP.No.33590 of 2025.

Mr. S. Satyanarayana Moorthy, Standing Counsel for Reserve Bank of India.

Mr. Ch. Markondaiah, Advocate with Mr. Sri Bhaskar Prem Koushik, Advocate for Bank of Maharashtra.

2 WP Nos.33590 & 33741 2o0f2 260:2A5P HC:32381

COMMON ORDER

LISA GILL, J.

1. This order shall dispose of W.P.Nos 33590 and 33741 of 2025 as both writ petitions arise out of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, “SARFAESI Act’) proceedings initiated in respect to the same property. Both the writ petitions have been taken up together for consideration and adjudication, at request

and with consent of learned counsel for parties.

2. WP No. 33590 of 2025 has been filed by Kotak Mahindra Bank Ltd., being aggrieved of proceedings initiated by Bank of Maharashtra (respondent No. 2 in the said writ petition & petitioner in 33741 of 2025) in respect to the

property as detailed in the writ petition.

3. It is pleaded therein that Kotak Mahindra Bank afforded loan facility for a sum of Rs.1,50,00,000/- to 3^rd respondent, who offered property in question, for mortgage. Title deeds thereof were duly deposited vide agreement dated 01.03.2017. Thereafter, petitioner / Kotak Mahindra Bank registered the said mortgage with Central Registry of Securitization Asset Reconstruction and Security Interest of India (CERSAI) on 14.03.2017. On account of financial indiscipline on the part of 3^rd respondent, loan account was declared NPA and proceedings under SARFAESI Act were initiated, ultimately leading to passing of order dated 03.11.2025 by learned Chief Metropolitan Magistrate, Vijayawada, under Section 14 of SARFAESI Act, appointing Advocate Commissioner to take physical possession of secured asset. Matter was

adjourned to 19.12.2025.

4. It is stated that when representatives of Kotak Mahindra Bank visited the secured asset, it came to light that Bank of Maharashtra had affixed notices proclaiming its claim over the said property. Notice dated 19.09.2025 in this respect was issued by Kotak Mahindra Bank to Bank of Maharashtra, which was rebutted by said Bank on the premise that a mortgage was created by one Vatsavai Sai Venkata Subramanyam Varma, in the year 2022 and that

3 WP Nos.33590 & 33741 2o0f2 260:2A5P HC:32381

mortgage in favour of Kotak Mahindra Bank is not registered in accordance with Registration Act, and no charge is reflected in favour of petitioner as per records of CERSAI, which in any case cannot substitute registration under Registration Act, 1908. Bank of Maharashtra, having undertaken separate proceedings under SARFAESI Act, published sale notice dated 29.10.2025 in

respect to the secured asset, scheduling the auction on 14.11.2025.

5. Aggrieved therefrom, WP No.33590 of 2025 was filed by Kotak Mahindra Bank for setting aside proceedings undertaken by Bank of

Maharashtra under SARFAESI Act in respect to secured asset in question.

6. W.P. No. 33741 of 2025 has been filed by Bank of Maharashtra, being aggrieved of appointment of Advocate Commissioner by learned Chief Judicial Magistrate, Vijayawada, vide order dated 27.11.2025 passed under

Section 14 SARFAESI Act.

7. It is pleaded by Bank of Maharashtra that credit facilities aggregating to Rs.3,00,00,000/- were afforded to one M/s. Surya Aqua Traders, a partnership firm, vide sanction letter dated 15.02.2022. One of the partners of firm and owner of the schedule property namely Vathsavayi Sai Ve