GUNDE SUNNY ASIRVADAM v. HINDUJA HOUSING FINANCE LTD
WP/19838/2025 · 2025-07-30
Dhiraj Singh Thakur, R Raghunandan Rao
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 27125 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27125 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010384382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HON’BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 19838 OF 2025 Between:
1. Mr.Gunde Sunny Asirvadam, (Borrower) S/o. Gunde David, Aged about 29 years, R/o. D.No.7D-8-19, Pil House Peta, Eastran Street, Eluru, West Godavari, Andhrapradesh- 534001.
2. Mr. Gunday Kasturi (Co-Borrower), W/o. David Aseervadam, Aged about 49 years R/o. D.No.7D-8-19, Pil House Peta, Eastran Street, Eluru, West Godavari, Andhrapradesh-534001.
3. Mr. Gunday Krupa Aseervadam, (Co-Borrower) S/o David Aseervadam, Aged about 27 years, R/o. D.No.7D-8-19, Pil House Peta, Eastran Street, Eluru, West Godavari, Andhrapradesh- 534001
4. Mr. Gunday David Aseervadam, (Co-Borrower), S/o John Aseervada Rao, Aged about 50 years, R/o. D.No. 7D-8-19. Pil House Peta Eastran Street, Eluru, West Godavari, Andhrapradesh- 534001 ...PETITIONERS AND Hinduja Housing Finance Ltd., Rep by its Authorised Officer, 0pp. SBI Bank Main Road, Gurunanak Colony, Vijayawada ...RESPONDENT
w f 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 Writ of Mandamus, declaring the action of the respondent in obtained orders without there being any affidavit vide CrI M.P. No. 319 of 2025 dated 23-06-2025 is a violation of section 14 of the SARFAESI act 2002 consequently set aside the same.
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 stay of all further proceedings pursuant to the orders passed in CrI. M.P. No. 319 of 2025 on the file of Chief Judicial Magistrate cum Principle Civil Judge(Senior Division), Eluru pending disposal of the above writ petition. Counsel for the Petitioners: SRI CHAKRALA SARAT CHAND Counsel for the Respondent:— The Court made the following order:
Bench Sr.No:-16 [3446] APHC010384382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 19838 of 2025 ...Petitioner(s) Mr. Gunde Sunny Asirvadam and Others Vs. ...Respondent Hinduja Housing Finance Ltd ick*-k**-kic-kic Mr. Chakrala Sarat Chand Advocate for Petitioners Advocate for Respondent
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO : 31®'July, 2025 DATE PC : In view of the availability of an equally efficacious alternative remedy before the Debts Recovery Tribunal, it is appropriate for the petitioners to avail the same, if so advised. The Writ Petition is, accordingly, dismissed. No order as to costs. Miscellaneous applications pending, if any, shall stand closed.
Sd/-SHAIK MOHD. RAFI ASSISTANT registrar //TRUE COPY// N OFFICER S To, Sri Chakrala Sarat Chand, Advocate [OPUC]
1. One CC to
2. Two CD Copies. ssb
¥ HIGH COURT DATED:31/07/2025
ORDER WP No.19838 OF 2025 DISMISSING THE W.P. WITHOUT COSTS