I APHC010359722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 011^ FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATf WRIT PETITIONNO: 18302OF 2025 ^ Between: Sri Narasingarao Surada, S/o Surada Gurumurthy (late) , Aged 38 D.No. 13-41/A, Mangamaripeta, Bheemunipatnam, K.Nagarapalem, Visakhapatnam. yrs ...Petitioner AND Cholamandalam Investment and Finance Company Limited, Rajendranagar Branch Visakhapatnam , Rep., by its Authorized officer Sri Sudhakara Rao Raghupatruni S/o R. Butchibabu, Visakhapatnam Aged 50 yrs. ...Respondent-^ 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 or Order or Direction more particularly one in the nature of a Writ of Certiorari to Call for the records pertaining to the Impugned Order passed in LA.N02197/2025 in S.A.No.314/2025 dt.17-06-2025 on the_ of Debts Recovery Tribunal, Visakhapatnam it is nothing but non . file speaking order as well as Contrary to the Law Under Section 14 (i) to (ix) of SARFEASI Act, Violation of Principles of Natural justice , Violaiotn of Artricle 14,19,300-A- of the Constitution of India, Impugned Order IA.No2197/2025 in S.A,No.314/2025 dt.17-06-2025 on the file of Debts Recovery Tribunal, Visakhapatnam by Allowing the Writ Petition.- lA NO: 1 OF 207/. ^ Petition under Section isfCPC Consequently to Quash the praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Stay of the Operation of the Order in CrI MP No. 131/2025 of Chief Metropolitan Magistrate Court Visakhapatnam including taking any Coercive Steps for dispossession of the petitioner from the Property covered in the schedule i.e., R.C.C.. Building in Ground plus 2 floors Mangamaripeta Village, Kapuluppada Revenue in S.N0.299/2A, Village, K. Nagarapalem Panchayat, Bheemunipatnam, Visakhapatnam Writ Petition. pending disposal of the main Counsel for the Petitioner: SRI R SIVA Counsel for the Respondent: - The Court made the following order: SAI SWARUP APHC010359722025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No;-3 AT AMARAVATI [3483] SB0 5^' WRIT PETITION NO: 18302 of 2025 Narasingarao Surada ...Petitioner Vs. Cholamandalam Investment And Finance Company Limited ...Respondent ********** Advocate for Petitioner: Mr. R Siva Sai Swarup Advocate for Respondent: CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 18^'’July 2025 PC : The present writ petition has been filed challenging the order, dated 17.06.2025, passed in I.A. No.2197 of 2025 in S.A. No.314 of 2025. 2. In our opinion, the order impugned can as well be challenged by way of an appeal before the Debts Recovery Appellate Tribunal. 3. Considering the ratio of the judgments of the Apex Court in United Bank of India v. Satyawati Tondon [(2010) 8 SCC 110] and Celir LLP v. Bafna Motors (Mumbai)(P) Ltd., [(2024) 2 SCC 1], we leave the petitioner free to avail the alternative remedy before the Debts Recovery Appellate Tribunal. 2 HCJ a RC, J W.P. No; 18302 of 2025 The Writ Petition is, accordingly, dismissed. No order as to costs. 4. Miscellaneous applications pending, if any, shall stand closed. Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. One CC to Sri. R Siva Sai Swarup Advocate [OPUq- 2. Two CD Copies gsc f HIGH COURT DATED:18/07/2025 ORDER WP NO. 18302 OF 2025 DISMISSING THE WP WITHOUT COSTS