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2026:APHC:2719

APHC010044662026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3558]

(Special Original Jurisdiction)

FRIDAY, THE THIRTIETH DAY OF JANUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

AND

THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA

WRIT PETITION No.2580 of 2026

Between:

1. S MT. SUJATHA DUPATI, W/O D. ESTER BABU, AGED ABOUT

40 YEARS, R/O D.NO.40-16/1-39, GEORGEPETA, OPP.

KANDHARI HOTEL, LABBIPETA, VIJAYAWADA - 520010.

...PETITIONER

AND

1. T HE GANDHI COOPERATIVE URBAN BANK LIMITED, REGD.

No. H948, MUSEUM ROAD, GOVERNORPETA, VIJAYAWADA

- 520002, REPRESENTED BY ITS AUTHORISED OFFICER.

2. T HE CHIEF JUDICIAL MAGISTRATE, VIJAYAWADA, NTR

DISTRICT - 520002

3. S RI M KETHAN KRISHNA, ADVOCATE COMMISSIONER,

VIJAYAWADA - 520002.

...RESPONDENT(S):

Counsel for the Petitioner:

1. N RAVI PRASAD

Counsel for the Respondent(S):

1. KUNUKU RAJA SEKHAR

The Court made the following:

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CMR, J & G2T0K2, 6J :APHC:2719

W.P.No.2580 of 2026

THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

AND

THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA

WRIT PETITION No.2580 of 2026

O R D E R: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy

Heard Mr. N. Ravi Prasad, learned counsel for the petitioner,

and Mr. Kunuku Rajasekhar, learned Standing Counsel for the 1^st

respondent-bank.

2. The petitioner, being the borrower, challenges in this writ petition

the measures initiated by the 1^st respondent-bank under the

Securitisation and Reconstruction of Financial Assets and Enforcement

of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’) for

realization of the loan amount due from the petitioner, by way of taking

possession of the secured asset for the purpose of selling the same in

the public auction.

3. The petitioner has already approached the Debts Recovery

Tribunal, Visakhapatnam, by way of filing a Securitisation Application

in S.A.No.59 of 2026 under Section 17 of the SARFAESI Act,

challenging the said measures initiated by the 1^st respondent-bank. It

is brought to the notice of this Court that the said matter before the

Tribunal is posted to 06.02.2026.

4. Therefore, when the petitioner has already approached the

appropriate forum constituted to deal with the disputes under the

SARFAESI Act, seeking redressal of her grievance, we are not inclined

to interfere in the matter and to entertain this writ petition, permitting

the petitioner to maintain parallel proceedings before the Tribunal and

this Court, which is not permissible under law.

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W.P.No.2580 of 2026

5. However, as it is the grievance of the petitioner that a notice was

given by the Advocate Commissioner to take possession of the

secured asset and that the Debts Recovery Tribunal is not disposing of

the interlocutory application filed by her, seeking stay of further

proceedings, even though there is an urgency, we are of the

considered view that a direction to the Tribunal to dispose of the said

stay application, in view of the urgency expressed by the petitioner, is

required to be given.

6. Therefore, the writ petition is disposed of with a direction to the

petitioner to pursue her remedy before the Debts Recovery Tribunal,

Visakhapatnam, where S.A.No.59 of 2026 that was filed by her is

pending adjudication. The Debts Recovery Tribunal is hereby directed

to hear the stay application filed by the petitioner in the said S.A. and

dispose of the same on merits on 06.02.2026, to which date the said

stay application is posted.

As a sequel, interlocutory applications, if any pending, in this

case shall stand closed. There shall be no order as to costs.

________________________________________

JUSTICE CHEEKATI MANAVENDRANATH ROY

______________________________________

JUSTICE TUHIN KUMAR GEDELA

Date: 30.01.2026

IBL

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CMR, J & G2T0K2, 6J :APHC:2719

W.P.No.2580 of 2026

THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

AND

THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA

WRIT PETITION No.2580 of 2026

Dt: 30.01.2026

IBL