APHC010055002026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3558]

(Special Original Jurisdiction)

FRIDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.3421 of 2026 Between:

1. K ONA SAMPADA LAKSHMI, PROPRIETRIX, KONA FOOD PRODUCTS LTD., W/O. KONA IMMANUEL, D.No.20-8/2-4A/1, R. ADINARAYANA RAO STREET, 6^TH LINE, AYODHYA NAGAR, VIJAYAWADA - 520003.

...PETITIONER AND

1. U NION BANK OF INDIA (ERSTWHILE ANDHRA BANK), AJIT SINGH NAGAR BRANCH, REPRESENTED BY ITS CHIEF MANAGER & AUTHORISED OFFICER, AJIT SINGH NAGAR BRANCH, VIJAYAWADA.

...RESPONDENT Counsel for the Petitioner: 1. NALLURI RAMESH BABU Counsel for the Respondent:

1.

The Court made the following:

THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.3421 of 2026 O R D E R: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy Heard learned counsel for the petitioner.

2. The petitioner is the borrower, who availed loan from the respondent bank. As she committed default in repayment of the loan amount, the bank has initiated measures under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’) to take possession of the secured asset to sell the same in the public auction for realization of the loan amount due.

3. Challenging the said measures initiated by the bank under the SARFAESI Act, the petitioner has already approached the Debts Recovery Tribunal, Visakhapatnam, by way of filing a Securitisation Application in S.A.No.67 of 2026. Alongside the Said Securitisation Application, the petitioner has also filed interlocutory applications in I.A.Nos.404 of 2026 and 444 of 2026, seeking stay of further proceedings in pursuance of the auction notice issued by the respondent bank and seeking stay of further proceedings pursuant to the notice issued by the Advocate Commissioner respectively. The said S.A. and interlocutory applications are pending adjudication before the Tribunal.

4. Therefore, when the petitioner has already approached the Debts Recovery Tribunal, which is the appropriate forum constituted under the special enactment with special mechanism for redressal of the grievances under the SARFAESI Act, the petitioner cannot again invoke the writ jurisdiction of this Court and cannot maintain parallel proceedings both before this Court and the Tribunal relating to the same grievance.

5. 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.67 of 2026 filed by her is pending adjudication. However, in view of the urgency that is urged by the learned counsel for the petitioner relating to disposal of the stay application in I.A.No.444 of 2026 as possession of the secured asset is sought to be taken by the Advocate Commissioner under Section 14 of the SARFAESI Act, the Debts Recovery Tribunal, Visakhapatnam, is hereby directed to hear the said stay application in I.A.No.444 of 2026 and dispose of the same expeditiously according to law on merits within a period of one week from the date of receipt of a copy of this order.

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: 06.02.2026 Note:-

Issue CC by 09.02.2026.

(B/o)

IBL THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.3421 of 2026 Dt: 06.02.2026 IBL