\ APHC010388932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE THIRTY FIRST DAY OF JULY f 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: 19818 OF 202^ Between: 1. M/s Sunrise Marine Services, S/o.Sambasiva Rao, Age 41 years Road No.2, Daily Farm Center, Kakinada, East Godavari, Andhra Pradesh- 533001 2. Mr. Kota Srinivas, S/o Kota Sambasiva Rao, Singh Road, Near Swathi Theatre, Bhavanipuram, Vijayawada-520012 3. Mrs. Kota Vasantha Kumari, W/o Kota Bhagath Singh Road, Near Swathi Vijayawada-520012 4. Mr. Challa Jaganmohan Rao, S/o Challa Lakshmaiah, D.No. 11-10-11, Ammisetty Vari Street, Near fish Market, Kothapet, Vijayawada-1 rep. its Partner Kota Srinivas D.No. 16-23-60/1, Ayodhya Nagar D.No. 76-6-19/1, Bhagath Srinivas, D.No. 76-6-19/1 Theatre, Bhavanipuram ...PETITIONERS AND The Branch Manager, City Union Bank Limited, Having its Registered Office at 149, TSR (Big) Street, Kumbakonam, Tamilnadu State at Governerpet, Vijayawada- 520002 Having Branch Office - ...RESPONDENT r 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 an appropriate order or direction more particularly, one in the nature of Writ of MANDAMUS declaring the action it is therefore, prayed that this Hon’ble Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent Bank in filing a Criminal Miscellaneous Petition Vide Crl.M.P.No.2878 of 2024 before The Chief Judicial Magistrate At Vijayawada, for appointment of Advocate Commissioner to take physical possession of the secured asset against Representation dt 12-05-2025 made by the Petitioner to the Respondent bank for the 60 day extension of the One Time Settlement (OTS) pertaining to the third instalment alone is bad illegal, arbitrary, unjust, improper and in violation of Article 19, 20, 21 and 300-A of Loan without considering the Constitution of India. To consequently direct the respondents not to take any coercive steps in contravention of law. 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 stay of all further proceedings in pursuance to the Crl.M.P.No.2878 of 2024 dated 22.01.2025 in respect to take possession of the said secured asset in the above mentioned loan and direct the Advocate commissioner to handover the secured assets to the Applicant pending disposal of the Writ Petition. Counsel for the Petitioners: SRI S.M. SUBHANI, APPEARING VICE SRI R. GOPI MOHAN Counsel for the Respondent:— The Court made the following order: APHC010388932025 Bench Sr.No:- IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI r 15 [3446] WRIT PETITION No: 19818 of 2025 M/s Sunrise Marine Services, and Others ...Petitioner(s) Vs. the Branch Manager ...Respondent ********** Advocate for Petitioners: Mr. S.M. Subhani, appearing vice Mr. R Gopi Mohan Advocate for Respondent: CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE : 31^‘July 2025 PC : In view of the availability of an equally efficacious alternative remedy before the Debts Recovery Tribunal and considering the ratio of the judgments of the Apex Court in Radha Krishan Industries v. State of Himachal Pradesh [(2021) 6 SCC 771] and United Bank of India v. Satyawati Tondon [(2010) 8 SCC 110], we do not find it a fit case to invoke our extraordinarywrit jurisdiction under Article 226 of the Constitution of India. The Writ Petition is, accordingly, dismissed. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- SHAIK MOHD. RAF! ASSISTANT REGISTRAR //TRUE COPY// section officer To, 1. One CC to Sri R. Gopi Mohan, Advocate [OPUC] 2. Two CD Copies. ssb ► - a HIGH COURT DATED:31/07/2025 ORDER WP No. 19818 OF 2025 51 0 7 AUG 2025 entSectio DISMISSING THE W.P. WITHOUT COSTS