APHC010585132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.30395 of 2025 Between: 1. TALAMSETTI DURGA, W/O. KAMESWARA RA, AGED 32 YEARS, R/O. H.NO.5-55, RAMALAYAM STREET, CHEEPURUGUDEM VILLAGE, NALLAZERLA MANDAL, EAST GODAVARI DISTRICT (ERNST WEST GODAVARI DISTRICT). ...PETITIONER AND 1. THE UNION OF INDIA, REP. BY ITS SECRETARY, DEPARTMENT OF FINANCIAL SERVICES, MINISTRY OF FINANCE JEEVAN DEEP BUILDING SANAD MARG NEW DELHI-110001. 2. THE AUTHORIZED OFFICER, HUNDUJA HOUSING FINANCE LIMITED. FLAT NO.202, 2ND FLOOR, E & S REDDY TOWERS, OPP: SAI BABA TEMPLE, TILAK ROAD, RAJAHMUNDRY- 533103, EAST GODAVARI DISTRICT. 3. THE AUTHORIZED OFFICER, HINDUJA HOUSING FINANCE LIMITED, NO.54-16-3/1, 3RD FLOOR, CENTRAL EXCISE COLONY, ROAD NO.1, NEAR LOYALA COLLEGE, MAIN GATE, VIJAYAWADA - 520008, KRISHNA DISTRICT. 2 CMR,J & GTK,J W.P.No.30395 of 2025 4. THE AUTHORIZED OFFICER, HUNDUJA HOUSING FINANCE LIMITED, CORPORATE OFFICE AT 167-169, 2ND FLOOR, LITTLE MOUNT, SAIDAPET, CHENNAI - 600015, TAMIL NADU. 5. ADDA SIVA KUMARI, W/O. ADDA BALA GANGADHAR TILAK FEMALE, AGED 38 YEARS, R/O. H. NO.8-79, BLOCK NO.8, MADIWADA CENTRE, MAIN ROAD, OPP SUB-REGISTRAR OFFICE, AKIVIDU, WEST GODAVARI DISTRICT - 534235 ...RESPONDENT(S): Counsel for the Petitioner: 1. GANDHAM SR PRASAD Counsel for the Respondent(S): 1. The Court made the following: 3 CMR,J & GTK,J W.P.No.30395 of 2025 THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.30395 of 2025 O R D E R: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioner. 2. The petitioner is the borrower. She has availed loan from Hinduja Housing Finance Limited. On the ground that she has committed default in repayment of the loan amount, the 3rd respondent has brought the house property, which is offered as a security for repayment of the loan amount, for sale in the auction. The 5th respondent is the auction purchaser. Challenging the said proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, by the 3rd respondent, the petitioner has already approached the Debts Recovery Tribunal, Visakhapatnam, by filing S.A.No.605 of 2024. The said S.A. is pending adjudication before the said Debts Recovery Tribunal. But without filing any application therein for interim relief which is now sought in this writ petition, the petitioner has approached this Court by way of filing the present writ petition and sought interim relief of 4 CMR,J & GTK,J W.P.No.30395 of 2025 direction to the respondent Nos.2 to 5 not to take any coercive steps relating to the said house property. 3. We are of the view that the petitioner cannot maintain parallel proceedings before this Court challenging the same action of respondent Nos.2 to 4, as she has already approached the Debts Recovery Tribunal by way of filing S.A.No.605 of 2024 seeking redressal of her grievance. If at all she intends to seek any interim relief on account of any urgency in the matter, she is at liberty to file an interlocutory application before the Debts Recovery Tribunal in the pending S.A., but she cannot maintain parallel proceedings before the Debts Recovery Tribunal and the writ Court. Therefore, we are not inclined to entertain this writ petition as the petitioner is already pursuing her remedy before the appropriate forum. 4. Accordingly, this writ petition is disposed of giving liberty to the petitioner to file an appropriate interlocutory application before the Debts Recovery Tribunal, Visakhapatnam, where S.A.No.605 of 2024 is pending, for redressal of her grievance, if any. In case the petitioner files any such interlocutory application, the Debts Recovery Tribunal, Visakhapatnam, shall dispose of the same expeditiously, preferably within a period of two months from the date of filing of such application, 5 CMR,J & GTK,J W.P.No.30395 of 2025 according to law, after hearing both the parties. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending, in this case shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY ______________________________________ JUSTICE TUHIN KUMAR GEDELA Date: 04.11.2025 IBL 6 CMR,J & GTK,J W.P.No.30395 of 2025 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.30395 of 2025 Dt: 04.11.2025 IBL