APHC010629962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] THURSDAY,THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 32506/2025 Between: 1. MATHAPAVANI CHEDDELA, W/O. CHIDELLA PAVITRA KUMAR, R/O. H.NO. 3-115, KOTTURU, PEDAPADU MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, 3RD 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 CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD, REP. BY AUTHORIZED OFFICER, MUDDA GOVINDU, S/O. MUDDA KOTAIAH (LATE) BRANCH OFFICE AT VIJAYAWADA, KRISHNA DISTRICT. 4. M/S CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED, (CIFCL), CHOLA CREST, C54-55 AND SUPER B-4, THIRU- VI-KA INDUSTRIAL ESTATE, GUINDY, CHENNAI 600 032.REP. BY ITS LEGAL MANAGER. 2 CMR,J & GTK,J W.P.No.32506 of 2025 ...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 Certiorari, calling for the records and quash the proceedings in CrI.M.P. No. 587 of 2025 on the file of Chief Judicial Magistrate cum Principal Civil Judge (Senior Division), Eluru which is filed U/s.14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 as arbitrary, illegal, violation of article 14, 21 and 300A of constitution 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 dispense with filing of the original certified copy of order in CrI.M.P. No. 587 of 2025 on the file of Chief Judicial Magistrate cum Principal Civil Judge (Senior Division), Eluru, before this Hon’ble Court pending disposal of the main writ petition and pass IA NO: 2 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 in CrI.M.P. No. 587 of 2025 on the file of Chief Judicial Magistrate cum Principal Civil Judge (Senior Division), Eluru, including physical possession of the property and to pass Counsel for the Petitioner: 1. CHALASANI AJAY KUMAR Counsel for the Respondent(S): 1. The Court made the following: 3 CMR,J & GTK,J W.P.No.32506 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 – M/s. Cholamandalam Investment and Finance Company Limited. She has offered her immovable property as security for repayment of the loan amount. As she committed default in repayment of the loan amount, the 3rd respondent has initiated proceedings under SARFAESI Act to take possession of the secured asset. 3. The main grievance of the writ petitioner is that no notice under Section 13(2) of the SARFAESI Act was served on her and without adhering to the procedure prescribed under law that the possession is sought to be taken. However, it is submitted that the petitioner came to know about the measures initiated to take possession recently, after receiving the notice of the Advocate Commissioner and that she could not immediately approach the Debt Recovery Tribunal and requests for indulgence of this Court to give limited protection till she approaches the Debt Recovery Tribunal challenging the said proceedings initiated under the Act by the 3rd respondent. 4. Therefore, as it is stated that no notice under Section 13(2) of the SARFAESI Act was served on the petitioner, considering the same, this Writ Petition is disposed of, with a direction to the petitioner to approach the Debt Recovery Tribunal, which is appropriate forum for redressal of his grievance. The petitioner has to approach the Debt Recovery Tribunal on or before 02.12.2025. Further, there shall be a direction to the concerned, to whom the warrant was entrusted, not to take possession of the property till 02.12.2025. If the petitioner fails to approach the Debt Recovery Tribunal on or before 02.12.2025, the interim direction given herein stands vacated without any further reference to this Court. 4 CMR,J & GTK,J W.P.No.32506 of 2025 5. As a sequel, Miscellaneous Applications pending, if any, shall stand closed. _________________________________________ CHEEKATI MANAVENDRANATH ROY, J ________________________ TUHIN KUMAR GEDELA, J Date : 20-11-2025 BMS