APHC010644002025 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI WRIT PETITION NO: 33234/2025 Between: 1. CHEKURI SRIRAMA MURTHY, S/O PEDDARAJU, AGED ABOUT 58 YEARS, PROPRIETOR SRI SATYA SAI HOUSING, R/O. D.NO. 5 123/C, SRI SAI GANESH GARDENS, VIVEKANANDACENTER, THIMMAPURAM-533005, KAKINA 1. SHIRAM FINANCE LIMITED, (FORMERLY KNOWN AS SHRIRAM CITY UNION FINANCE LIMITED)., REPRESENTED BY ITS MANAGING DIRECTOR, SRI TOWERS, PLOT NO. 14A, SOUTH PHASE, INDUSTRIAL ESTATE, GUNDY, CHENNAI 2. SHIRAM FINANCE LIMITED, REPRESENTED BY ITS DIVISIONAL OFFICER, DIVISIONAL OFFICE, D.NO. 20 SUPER BAZAR COMPLEX, MAIN ROAD, KAKINADA KAKINADA DISTRICT. Petition under Article 226 of the Constitution of I circumstances stated in the affidavit filed therewith, the High Court may be pleased toPleased to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the e Loan Account No. KKNDATF1706020001 on 26 No.2 as illegal, arbitrary, violative of SARFAESI Act and consequently set IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 33234/2025 CHEKURI SRIRAMA MURTHY, S/O PEDDARAJU, AGED ABOUT 58 YEARS, PROPRIETOR SRI SATYA SAI HOUSING, R/O. D.NO. 5 123/C, SRI SAI GANESH GARDENS, VIVEKANANDACENTER, 533005, KAKINADA, KAKINADA DISTRICT ...PETITIONER AND SHIRAM FINANCE LIMITED, (FORMERLY KNOWN AS SHRIRAM CITY UNION FINANCE LIMITED)., REPRESENTED BY ITS MANAGING DIRECTOR, SRI TOWERS, PLOT NO. 14A, SOUTH PHASE, INDUSTRIAL ESTATE, GUNDY, CHENNAI-600032. SHIRAM FINANCE LIMITED, REPRESENTED BY ITS DIVISIONAL OFFICER, DIVISIONAL OFFICE, D.NO. 20-1-10, 2ND FLOOR, SUPER BAZAR COMPLEX, MAIN ROAD, KAKINADA KAKINADA DISTRICT. ...RESPONDENT(S): 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 toPleased to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the e-auction held against the oan Account No. KKNDATF1706020001 on 26-11-2025 by Respondent No.2 as illegal, arbitrary, violative of SARFAESI Act and consequently set IN THE HIGH COURT OF ANDHRA PRADESH [3558] THE FIRST DAY OF DECEMBER THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY JUSTICE TUHIN KUMAR GEDELA CHEKURI SRIRAMA MURTHY, S/O PEDDARAJU, AGED ABOUT 58 YEARS, PROPRIETOR SRI SATYA SAI HOUSING, R/O. D.NO. 5- 123/C, SRI SAI GANESH GARDENS, VIVEKANANDACENTER, DA, KAKINADA DISTRICT ...PETITIONER SHIRAM FINANCE LIMITED, (FORMERLY KNOWN AS SHRIRAM CITY UNION FINANCE LIMITED)., REPRESENTED BY ITS MANAGING DIRECTOR, SRI TOWERS, PLOT NO. 14A, SOUTH 600032. SHIRAM FINANCE LIMITED, REPRESENTED BY ITS DIVISIONAL 10, 2ND FLOOR, SUPER BAZAR COMPLEX, MAIN ROAD, KAKINADA-533001, ...RESPONDENT(S): ndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toPleased to issue a writ order or direction more particularly one in auction held against the 2025 by Respondent No.2 as illegal, arbitrary, violative of SARFAESI Act and consequently set 2 CMR,J & GTK,J W.P.No.33234 of 2025 aside the auction proceedings and further consequently direct the respondents not to issue the Sale Certificate in favour of auction purchaser and also consequently direct the respondents to consider petitioner's representation for settlement/OTS and allow petitioner reasonable time to clear dues, is illegal, arbitrary, violation of the principle of natural justice and pass IA 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 pleased to suspend the auction proceedings dated 26-11-2025 against the loan account No. No. KKNDATFl706020001 and pass Counsel for the Petitioner: 1. SIMHACHALAM KARUKOLA Counsel for the Respondent(S): 1. 3 CMR,J & GTK,J W.P.No.33234 of 2025 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard Mr. Simhachalam Karukola, learned counsel for the petitioner and Mr. O.Udaya Kumar, learned counsel for respondent Nos.1 and 2 who appeared on the advance notice received from the petitioner. 2. Having availed loan from the 1st respondent-finance institution by offering the immovable property as security for the said loan, as the petitioner committed default in repayment of the loan amount, the respondents have initiated measures under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘SARFAESI Act’) and sold the secured asset in the e-auction that was held on 26.11.2025. The petitioner now seeks to challenge the legal validity of the said e-auction dated 26.11.2025 on various grounds that are urged in this writ petition. 3. The petitioner got an efficacious remedy of challenging the said e-auction before the Debts Recovery Tribunal. But, without approaching the appropriate forum, he has directly approached this Court by way of filing this writ petition. No explanation is offered as to why he has approached this Court and filed this writ petition without availing his remedy before the Debts Recovery Tribunal. Therefore, we are not inclined to interfere in the matter and to entertain the writ petition. 4. Therefore, the Writ Petition is disposed of with a direction to the petitioner to avail his remedy by way of approaching the Debts Recovery Tribunal, challenging the said e-action. There shall be no order as to costs. 4 CMR,J & GTK,J W.P.No.33234 of 2025 As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 01.12.2025 MDP