APHC010664092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] TUESDAY,THE NINTH 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: 34414/2025 Between: 1. BANDARU NARAYANA MURTHY, S/0 VENKATESHWARA RAO(LATE), AGED ABOUT 60 YEARS, R/0 FLAT.NO.906, OXYGEN TOWERS, SEETHAMMADHARA, VISAKHAPATNAM. ...PETITIONER AND 1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, FLOOR, JEEVAN DEEP BUILDING, SANSAD MARG, NEW DELHI -110 001 . 2. RESERVE BANK OF INDIA, P.O. BOX NO.901, SHAHID BHAGAT SINGH ROAD, MUMBAI, MAHARASHTRA STATE, REP. BY ITS SECRETARY. 3. M/S INDIAN BANK, REP. BY AUTHORIZED OFFICER, OFFICE AT SEETHAMMAPETA BRANCH 47-7-32, SURYA GARDENS, 4TH LANE, DWARAKANAGAR, VISAKHAPATNAM - 530016 ...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 a Writ of Mandamus, declaring the action of respondent. No 3 in hot following the proceduring comtemplated under the SARFAESI ACT, 2002 as arbitrary, illegal, violation of article 14, 21 and 300A of constitution and 2 CMR,J & GTK,J W.P.No.34414 of 2025 consequently direct the respondent no. 3 to set-a-side the notice issued under APPENDIX -IV-A (read with proviso to Rule ((6)) dated 05.11.2025 which is published in news paper and to 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 stay all further proceedings untill disposal of I.A No. 4689 of 2025 in S.A. No. 736 of 2025 pending on the file of Debt recovery tribunal at Visakhapatnam and to pass Counsel for the Petitioner: 1. VENKAT CHALASANI Counsel for the Respondent(S): 1. The Court made the following: 3 CMR,J & GTK,J W.P.No.34414 of 2025 ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioner. 2. The petitioner is the principal borrower who availed loan from the 3rd respondent-bank. As he committed default in repayment of the loan amount, the bank has initiated measures under the SARFAESI Act (hereinafter referred to as “the Act”). Challenging the legal validity of the measures initiated by the bank for recovery of the loan amount, the petitioner has already approached the Debts Recovery Tribunal, Visakhapatnam (hereinafter referred to as “the Tribunal”) by way of filing Securitization Application under Section 17 of the Act. Along with the said petition, he has also filed an application for stay of further proceedings. The same is pending adjudication before the Tribunal. 3. Having challenged the said proceedings before the Tribunal, the petitioner has again approached this Court invoking the writ jurisdiction and challenged the same proceedings before this Court. It amounts to maintaining parallel proceedings relating to the same cause before the Tribunal and the High Court, which is not permissible under law. Therefore, in the said facts and circumstances of the case, we are not inclined to interfere in the matter and to entertain the writ petition. 4. The Writ Petition is disposed of with a direction to the petitioner to pursue his remedy before the Debts Recovery Tribunal, where the Securitization Application and the stay petition are pending, which is the appropriate forum for redressal of the grievance of the petitioner. Since it is stated that auction of the secured asset is scheduled to be held tomorrow only, there shall be interim stay of the auction for a period of two weeks, on condition of depositing an amount of Rs.17,25,575/- before the Tribunal within two weeks from today. The Debts Recovery Tribunal shall consider the stay petition of the petitioner and pass appropriate orders within two weeks and dispose of the said application on merits. If the petitioner fails to deposit the 4 CMR,J & GTK,J W.P.No.34414 of 2025 aforesaid amount within the stipulated time, the stay granted stands vacated without any further reference to this Court. There shall be no order as to costs. 5. As a sequel, Miscellaneous Applications pending, if any, shall stand closed. _________________________________________ CHEEKATI MANAVENDRANATH ROY, J ________________________ TUHIN KUMAR GEDELA, J Date : 09-12-2025 BMS