"S IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) 7 TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3357 OF 2025 Between: Bharatala Kannayya, S/o. Ramayya, Aged 49 years, R/o. Door No. 10-666 Dandupuntha, Ramanaiahpet, Kakinada Rural Mandal, East Godavari District. ...PETITIONER AND 1. Niwas Housing Finance Private Ltd, (Formerly known as Indo Star Home Finance Private Limited), Reg Office, Unit No. 305, Corporate Avenue 2/E Wing, Floor, Andhari Ghatkopar Link Road, Chakala Andheri East, Mumbai 400 093, India. 2. Niwas Housing Finance Private Ltd, (Formerly known as Indo Star Home Finance Private Limited), Main Road, Kakinada, East Godavari District, Rep by its Bank Manager. ...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 a writ, order or direction more particularly one in the nature of writ of Mandamus - declaring the inaction of the 2^'^ respondent in taking action on Petitioners representation dt. 29.7.2024 and issued sale notice dated 22.1.2025 vide Ref No. 2021-22/265 for recovery of Rs. 6,35,874/- without taking into consideration of payments made to Mr. Manikanta and Suresh who are worked in the 2"^^ respondent bank is contrary to law, violative of principles of natural justice and consequently set aside the sale notice dt. 22.1.2025 by directing the 2"^^ respondent to lay a complaint against Mr. Manikanta and Mr. Suresh, Manager and recover the amounts paid by petitioner and to give details of loan amount by deducting interest in Covid period and also interest on monthly installments paid to Mr. Manikanta and Mr. Suresh and issue bank sjatement to petitioner with regard to his loan account No. LNKKNOHL- 07190011009. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to auction the petitioners property as mentioned in sale notice dt. 22.1.2025 i.e, bearing near D No. 4-100, Sarpavaram Village and Gram panchayath, Kakinada Rural Mandal, East Godavari District pending disposal of the above W.P. in the interest of justice. Counsel for the Petitioner : SRI T. JANARDHANA RAO FOR SRI BALAJI BOLLA Counsel for the Respondents: NONE The Court made the following: ORDER T Bench Sr.No:-50 [3483] APHC010061092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 3357 of 2025 ...Petitioner Bharatala Kannayya Vs. ...Respondents Niwas Housing Finance Private Ltd and another ********** Sri T. Janardhana Rao, learned counsel representing Sri Balaji Bella. Advocate for petitioner None Advocate for respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 4th March 2025 PC : In view of the fact that the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act of 2002 (for short, “the 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 our 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 India vs. Satyawati Tondon^. ' (2021)6 see 771 ^ {(2010)8 see 110 2010 INSe 428] 2 The Writ Petition is, accordingly, dismissed. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. 2. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// ICER SE To, 1. One CC to Sri Balaji Bolla, Advocate [OPUC] 2. Three C.D. Copies. Cnr HIGH COURT DATED:04/03/2025 ORDER AND«^ WP.No.3357 of 2025 & "O 15 MAR 2025 i/3: m ^ Current Section ^ DISMISSING THE W.P. WITHOUT COSTS