APHC010023482024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION Nos. 1306 OF 2024 AND 15940 OF 2023 WRIT PETITION NO: 1306 OF 2024 Between: Vulchi Vanaja, W/o Late Vulchi Samba Siva Rao, Aged about 51 years, Occ- Homemaker R/o.D.No.7-1-34, Haram Bazar, Lawyerpeta, Ongole, Prakasam District, Andhra Pradesh. ...PETITIONER AND 1. Shriram City Union Finance Limited, Rep. by its Authorized Officer, 14A, Sri towers. South Phase, Industrial Estate, Guindy, Chennai - 600 032, Tamil Nadu. 2. The Authorized Officer, Admin Office, 221, Rayapettah High Road, Mylapore, Chennai - 600 004. 3. Shriram City Union Finance Limited, Rep. by its Authorized Officer, 3^^ Floor, West Wing, G Block, Complex, Bandra (East), Mumbai - 400051. Maharashtra 4. Shriram City Union Finance Limited, Rep. by its Authorized Officer Dr. No. 40-27-5/1, Usha Arcade, Rama Mandiram Street, Vijayawada, AP -521004 Wockhardt Towers, Bandra-Kurla / -J / / 5. Mr. Beerendranadh Babu Nukatoti, (Advocate Commissioner) S/o. Not known to the Petitioner, Aged about 35 Years, O/o. Danduri • ' Venkateswarlu, Advocate, Court Centre, Ongole ...RESPONDENTS 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 order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondent No. 1 to 4 in filing the Criminal Misc. Petition No. 98 of 2023 filed before the Chief Judicial Magistrate cum Principal Senior Civil Judge cum Principal Assistant Sessions Judge, Ongole U/Sec. 14 of the SARFAESI Act,2002 for an assistance in taking possession of the Secured asset and granting the permission by the Hon ble Judge by appointing the Advocate Commissioner is illegal, arbitrary, violation of principles of natural justice and violation of Articles 14, 19 (1)(g), 21 and 300A of the Constitution of India and consequently set-aside the same, and direct the Respondent No. 1 to 4 to not to precipitate further. lA NO: 1 OF 2024 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 all further proceedings in the impugned vacate Notice dated 08.01.2024 issued by the Respondent No.5. Counsel for the Petitioner: SRI TAGORE YADAV YARAGORLA Counsel for the Respondents: SRI O. UDAYA KUMAR APHC010310752023 WRIT PETITION NO: 15940 OF 2023 Between: Vulchi Vanaja, W/o. Late Vulchi Samba Siva Rao, Aged about 51 years, Occ: Homemaker R/o. D.No.7-1-34, Haram Bazar, Lawyerpeta, Ongole, Prakasam District, Andhra Pradesh ...PETITIONER AND 1. Shriram City Union Finance Limited, Rep. by its Authorized Officer, 14A, Sri Towers, South Phase, Industrial Easte, Guindy, Chennai - 600 032, Tamil Nadu. 2. The Authorized Officer, Admin Office, 221, Rayapettah High Road, Mylapore, Chennai - 600 004. 3. Shriram City Union Finance Limited, Rep. by its Authorized Officer Wockhardt Towers, 3'^^ Floor, West Wing, G Block, Complex, Bandra (East), Mumbai - 400051. Maharashtra 4. Shriram City Union Finance Limited, Rep. by its Authorized Officer Dr. No. 40-27-5/1, Usha Arcade, Rama Mandiram Street Vijayawada AP - 521004 Bandra-Kurla ...RESPONDENTS 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 order or direction more particularly in the nature of Writ of Mandamus declaring the actions of the Respondents in declaring the Petitioner Loan Account as NPA and in issuing the consequent actions including Possession Notice dt.23.05.2023 without jurisdiction as illegal. arbitrary, violation of principles of natural justice and violation of Articles 14, 19 ('l)(9). 21 and 300A of the Constitution of India and consequently set-aside the same, and direct the Respondents to regularize the loan account by removing from NPA Classification. lA NO: 1 OF 2023 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 all further proceedings in the Possession Notice Dt. 23.05.2023 issued by the Respondent. Counsel for the Petitioner: SRI TAGORE YADAV YARAGORLA Counsel for the Respondent Nos.1 to 4: SRI O. UDAYA KUMAR The Court made the following: COMMON ORDER ’pi IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.Nos:- AT AMARAVATI APHC010023482024 23 & 24 [3483] WRIT PETITION NO: 1306 of 2024 along with W.P.No.15940 of 2023 W.P.No.1306 of 2024:- Vulchi Vanaja ...Petitioner Vs. Shriram City Union Finance Limited and others ...Respondents ********** Advocate for petitioner Advocate for respondents Sri Tagore Yadav Yaragorla Sri O. Udaya Kumar CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 28th July 2025 P C : In view of the fact that the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act of 2002 (for short SARFAESI Act”) provides an effective alternate remedy by way of an appeal before the Debts Recovery Tribunal, which can very well be availed by the petitioner, we do not find any reason to interfere at this stage by invoking extraordinary jurisdiction considering the ratio of the judgments rendered by the Apex Court in Radha Krishan Industries v. State of H.P./ and United Bank of \nd\a vs. Satyawati Tondon^. the our '(2021) 6 see 771 ^ [(2010)8 see 110 ; 2010 INSe 428] 2 / 2. The Writ Petitions are, accordingly, dismissed. Interim order W.P.No.1306 of 2024 costs. granted in on 12.01.2024 shall stand vacated. No order as to Pending miscellaneous applications, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR tl(m-afFICER //TRUE COPY// SEC To One CC to Sri Tagore Yadav Yaragorla, Advocate [OPUC] One CC to Sri O. Udaya Kumar, Advocate [OPUC] Two CD Copies. 1. 2. 3. ssb HIGH COURT DATED:28/07/2025 COMMON ORDER WP Nos. 1306 OF 2024 and 15940 of 2023 i 11 AUG 2025 % o o DISMISSING THE WRIT PETITIONS WITHOUT COSTS