APHC010604652024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2344/2025 Between: Kodali Sudhakar ...PETITIONER AND The Branch Manager and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SRINIVAS MANCHANAPALLI Counsel for the Respondent(S): 1. The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2344/2025 ORDER: Heard the learned counsel for the petitioner. 2. The case of the petitioner herein is that the petitioner submitted a representation/application under Section 13(3A) of the SARFAESI Act, 2002 to the respondents herein. But the respondents did not consider the representation of the petitioner. Hence, the present Writ Petition. 3. It is observed that the respondents’ institution is a Non- Banking Finance Institution/Company. It is true that there are regulations issued by the RBI for the non-banking finance institutions/companies to carry out its business in compliance of the regulations. Mere issuance of the regulations by the RBI for non- banking finance institution to carry out its business, won’t create or confer any status of either State or Public authority as defined under Article 12 of the Constitution of India as canvassed by the petitioner to invoke the jurisdiction of this Court under Article 226 of the Constitution of India. It is further observed that Section 13(3A) of the SARFAESI Act, 2002 provides for that the petitioner for any action or inaction pursuant the representation submitted by the 3 petitioner/borrower dated 04.12.2024 can be challenged by way of appeal before Debt Recovery Tribunal. 4. In view of the same, the Writ Petition is disposed of, directing the petitioner to invoke the jurisdiction before the Tribunal as contemplated under Section 13(3) of the Act. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 03.02.2025 TTPPSS 4 199 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2344/2025 03.02.2025 TTPPSS