APHC010348822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 19279 OF 2025 Between: Polavarapu Ashwini, W/o P. Dhasratnam, Aged about 49 years, R/o Ganapavaram Village, Ganapavaram Mandal West Godavari District. ...Petitioner AND 1. The Cholamandalam Investment And Finance Company Ltd, Chola Crest,C 54-55 and Super B-4, Thiru VL Ka Industrial Estate Guindy, Chennai-600032. 2. The Authorized officer. M/s Cholamandalam Investment and Finance Co.Ltd #59-14-24,1 St Floor, Shanthi Plaza, Gayatri Nagar, Near Benz Circle, Vijayawada. 3. Babi Singampalli, R/o D.No.3-360, Gandhi Nagar, Golala Dibba, Ganapavaram, West Godavari District. 4. Velagala Satyavathi, R/o D.No.3-360, Gandhi Nagar, Golala Dibba, Ganapavaram, West Godavari District. 5. Singampalli Satyanarayana, R/o D.No.3-360, Gandhi Nagar, Golala Dibba, Ganapavaram, West Godavari District. f 6. Shalem Enterprises, R/o D.No.3-360, Gandhi Nagar Golala Dibba, Ganapavaram, West Godavari District. 7. Bandaru Srilakshmi, Advocate-Commissioner, C/o Bar Association, District Court Complex, Eluru-534001. ...Respondents 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 or direction more particularly one in the nature of a writ of Mandamus declaring the action of the respondents 1,2,3 and 5,6,7 in proclaiming to take forcible possession of the petitioner property l,e RCC Building, D.No.10-1-4, in Sy.No.68 for an extent of 100 Sq.Yards in 18th Ward, Gollavari Street, Thallamudhunurupadu Village, Tadepalligudem Mandal, West Godavari District under the Guise of Crl.MP.No.117/2025 issued by the Hon'ble Prinicpal Senior Civil Judge Court, Eluru in respect of petitioner possession as illegal and Arbitrary, unconstitutional and violative of principles of natural justice and consequently direct the respondent 3 and 5,6 and their men not to interfere with the possession and enjoyment of the petitioner in respect of the above mentioned property either under orders in Crl.M.P.No.117of2025. lA 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 grant interim direction, directing the 7th respondent and his men not to interfere with the possession and enjoyment of the petitioners property I.e., RCC Building, D.No.10-1-4, in Sy.No.68 for an extent of 100 Sq.Yards in 18th Ward, Gollavari Street, Thallamudhunurupadu Village, Tadepalligudem Mandal West Godavari District under the orders in Crl.MP.No.117/2025 and grant such other pending disposal of the above writ petition. Counsel for the Petitioner: SRI VARDHINEEDI SAI KIRAN Counsel for the Respondents: -— The Court made the following order: f \/ Bench Sr.No. LM-3 [3446] APHC010348822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 19279 of 2025 ...Petitioner Polavarapu Ashwini Vs. The Cholamandalam Investment and Finance Company Ltd. and others ...Respondents ********** Advocate for Petitioner Mr. Vardhineedi Sai Kiran Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE : 24th July 2025 PC : In view of the fact that there is an equally efficacious alternate remedy available to the petitioner before the Debts Recovery Tribunal in terms of Section 17 of the SARFAESI Act, 2002, and considering the ratio of the judgment rendered by the Apex Court in the case of United Bank of India Vs. Satyawati Tondon\ we are not inclined to exercise our writ jurisdiction under Article 226 of the Constitution of India. This writ petition is, accordingly, disposed of. No costs. Consequently, connected miscellaneous applications, if any, shall stand closed. 1 (2010) 8 see 110 Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Cholamandalam Investment And Finance Company Ltd, Chola Crest,C 54-55 and Super B-4, Thiru VL Ka Industrial Estate Guindy, Chennai-600032. Vi ■!®a 2. I he Authorized officer, M/s Cholamandalam Investment and Finance Co.Ltd 59-14-24,1 St Floor, Shanthi Plaza, Gayatri Nagar, Near Benz Circle, Vijayawada. 3. One CC to Sri Vardhineedi Sai Kiran, Advocate [OPUC] 4. Two CD Copies TF HIGH COURT V- DATED:24/07/2025 ANOSOV '' n 2 m im g . Currein ieciion . ORDER WP NO. 19279 OF 2025 ar o DISPOSING OF THE W.P., WITHOUT COSTS