APHC010022832026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] FRIDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.1585 of 2026 Between: 1. ATHULURI GEETHA, W/O. ATHULURI SIVA RAM PRASAD, AGED ABOUT 47 YEARS, OCC. HOUSE WIFE R/O. R.S. NO. 232/1-F2, D.NO. 1-426, MANGALGIRI, GUNTUR, ANDHRA PRADESH, 522503. 2. ATHULURI SIVA RAM PRASAD, C/O. ATHULURI HARINATH, AGED ABOUT 50 YEARS, OCC. BUSINESS, R/O. R.S. NO. 232/1-F2, D.NO. 1-426, MANGALGIRI, GUNTUR, ANDHRA PRADESH, 522503. ...PETITIONER(S) AND 1. M/S EDELWEISS ASSET RECONSTRUCTION COMPANY LTD, ACTING IN ITS CAPACITY AS EARC TRUST SC 423,HAVING ITS REGISTERED OFFICE AT EDELWEISS HOUSE, OFF CST ROAD, KALINA, MUMBAI - 400098. BEING REPRESENTED BY ITS AUTHORIZED OFFICER MS. VAISHNAVI MACHERLA, D/O. LATE SURESH MACHERLA AGED ABOUT 28 YEARS. 2. MAGMA FINCORP LIMITED, (NOW KNOWN AS POONAWALLA FINCORP LIMITED), DEVELOPMENT HOUSE, 24, PARK STREET, KOLKATA -700016. 2 3. POONAWALLA FINCORP LIMITED, CIN L51504WB1078PLCO31813, O/o. 601, 6TH FLOOR, ZERO ONE IT PARK, SR. NO. 79/1 GHARPADI, MUNDHWA ROAD, PUNE, 411036. ALSO: REGD. OFFICE: DEVELOPMENT HOUSE, 24 PARK STREET, KOLKATA -700016. 4. UNION OF INDIA, REP. BY ITS FINANCE SECRETARY, MINISTRY OF FINANCE, NEW DELHI. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. SIVA KUMARI SURINENI Counsel for the Respondent(S): 1. The Court made the following: 3 THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.1585 of 2026 O R D E R: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioners. 2. Challenging the measures initiated by the 1st respondent under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’) for realization of the loan amount due from the petitioners, who are the borrowers, the petitioners have filed the instant writ petition. 3. The petitioners have got an efficacious remedy of approaching the Debts Recovery Tribunal, which is constituted under the SARFAESI Act, for redressal of their grievance. However, without exhausting the said remedy, they have invoked the writ jurisdiction of this Court. So, 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 petitioners to approach the Debts Recovery Tribunal concerned, seeking redressal of their grievance. As a sequel, interlocutory applications, if any pending, in this case shall stand closed. There shall be no order as to costs. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY ______________________________________ JUSTICE TUHIN KUMAR GEDELA Date: 23.01.2026 IBL 4 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.1585 of 2026 Dt: 23.01.2026 IBL