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2025 DAILYLAW 8268 (AP)

MOTURI NAGESWARA RAO v. IDFC FIRST BANK LIMITED

WP/6242/2025 · 2025-03-24

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE THE CHiEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 6242 OF 2025 Between: Sri Moturi Nageswara Rao, S/o Rajk Rao, aged about 45 years, Occ: Private Employee, r/o7-379, R.S.No. 256 Old Mangalagiri, Guntur District. ...PETITIONER AND IDFC First Bank Limited, rep. by its Branch Manager, D.No. 59-6-17, Kanchukotavari Veedhi, Ramchandranagar Vijayawada, Krishna District, A.P. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondent herein in removing the lock put to the premises bearing D.No. 7-379, R.S.No. 256 of Mangalagiri, Guntur District, to enable the petitioner herein to take his belongings, inspite of the requests followed by a legal notice dt. 29-11-2024, as being illegal, arbitrary, unjust and unconstitutional. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent herein the lock put to the Mangalagiri, Guntur District, to enable the belongings in the presence of the officials disposal of the main Writ Petition. to forthwith remove premises bearing D.No. 7-379, R.S.No. 256 of petitioner herein to take back his of the respondent, pending Counsel for the Petitioner: SRI V BABY RANI Counsel for the Respondent: — The Court made the following: ORDER APHC010087892025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-35 AT AMARAVATI [3483] WRIT PETITION NO: 6242 of 2025 Sri Moturi Nageswara Rao ...Petitioner Vs. IDFC First Bank Limited ...Respondent ********** Advocate for Petitioner Mrs. V. Baby Rani Advocate for Respondent CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 24th March 2025 P C : In view of the fact that there is an efficacious alternate remedy available to the petitioner before the Debts Recovery Tribunal in terms of Section 17 of the SARFAESI Act, 2002, and considering the ratio of the judgment rendered by the Apex Court in the case of United Bank of India Vs. Satyawati Tondon\ we are not inclined to exercise our extraordinary writ jurisdiction under Article 226 of the Constitution of India. This writ petition is,, accordingly, disposed of. No costs. Consequently, connected miscellaneous applications, if any, shall stand closed. ^ (2010) 8 see 110 Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Manager, IDFC First Bank Limited, D.No. 59-6-17 ofs^het^^p'^^'^' RaiT^chandranagar Vijayawada, Krishna 2. One CC to Sri V Baby Rani Advocate [OPUC] 3. Three CD Copies TF HIGH COURT DATED:24/03/2025 ORDER WP.No.6242 of 2025 AND^ f 01 APR 2025 ^ ^ Currral S«aion . ^s^gATCHSS^ oa DISPOSING OF THE W.P., WITHOUT COSTS