APHC010472452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) KSS TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 24043 OF 2025 Between; M/s. Balaji Cauvery Silk, Rep. by its Managing Partner P.N.Narenthra #18-1-1/A, Ramaehandra Nagar, Tirupathi, Chittoor District - 517501. Kumar, Near Kapiltheertham Circle, K.T.Road ...PETITIONER AND 1. Union of India, Rep. by its Secretary, Ministry of Finance, New Delhi. 2. IIFL Home Finance Limited, Rep. by its Authorised Officer 19-10-20, 2 Floor, AIR Bye Pass, Opp PLR Convention Center Passport Office, Chittoor, A.P. 3. Authorised Officer, IIFL Home Finance Limited Floor, AIR Bye Pass, Opp PLR Convention Center, Office, Chittoor, A.P. Door No. Near Door No. 19-10-20, 2nd Near Passport 4. Kondeti Shankar Royal, S/o. Kondeti Subbaih Aged 56years, Occ Business, R/o. H.No.20-3-131/C, Sivajyothi Nagar, Near State Bank Training Center, Tirupati, Chittoor district, A.P. 5. Kolasree Rajeshwari, W/o. Kondeti Shikar Royal, Aged SOyears, Occ Housewife, R/o. H.NO.20-3-131/C, Sivajyothi Nagar, Near State Bank Training Center, Tirupati, Chittoor district, A.P. 6. Sri T. K. Yogesh Babu, Advocate Commissioner Judicial Magistrate-cum-Principal Chittoor, Andhra Pradesh. 7. Debt Recovery Tribunal -II, At Hyderabad, Abids, Hyderabad. HonTcle Chief Civil Judge, (Senior Division), ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue a Writ of Mandamus direction, declaring the action of the 7*'' may be or any other appropriate writ, order or respondent in passing an order dated 3.9.2025 in I.A.No.2506 of 2025 in SA No.372 of 2025 dismissing the application without affording contest the case as iiiegal, arbitrary and in vioiation of principles of natural justice and set aside the same. a reasonable opportunity to the petitioner to lA NO: 1 OF 7071^ 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 stay of all further proceedings including dispossession of the petitioner from the SA Schedule property to warrant dated 21.02.2025 in Crl.MP.No.229 of 2025 on pursuance the file of CJM Chittoor without giving prior notice to the petitioner as a protected tenant under the SARFAESI Act and Rules, 2002, pending disposal of the writ petition. Counsel for the Petitioner: SRI C. RAGHU, Sr. COUNSEL FOR M/s. S. HEMALATHA Counsel for the Respondent No.1: THE ADDL. SOLICITOR GENERAL OF INDIA Counsel for the Respondents: SRI HEMADRI V S S R R CHANDRAKANTH The Court made the following order: IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-8 [3483] APHC010472452025 AT AMARAVATI WRIT PETITION NO: 24043 of 2025 0? M/s. Balaji Cauvery Silk ...Petitioner Vs. Union of India and others ...Respondents ********** Advocate for Petitioner Mr. C. Raghu, Senior Counsel appearing for Ms. S Hemalatha Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 9*^ September, 2025 DATE PC : Considering the fact that there is an equally efficacious alternative remedy available to the petitioner before the Debts Recovery Appellate Tribunal and in view of 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 do not consider this as a fit case to exercise our extra-ordinary writ jurisdiction. 2 Ha & RC, J WP_24043 2025 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// SECTION OFFICER To, 1. One CC to M/s. S. Hemalatha, Advocate [OPUC] CC to Sri Hemadri V. S. S. R. R. Chandrakanth, Advocate [OPUC] the Addl. Solicitor General of India, High Court of A.P. at 2. One 3. One CC to Amaravati.[OPUC] 4. Two CD Copies. ssb ^ » * t* HIGH COURT DATED:09/09/2025 ORDER WP No. 24043 OF 2025 I 2 J SEP 2025 \ ^ Current Section ov m, DISMISSING THE W.P. WITHOUT COSTS \