APHC010048882026 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE WRIT PETITION NO: 3111/2026 Between: 1. THOTA PUNDARIKAKSHULU, S/O. SATYANARAYANA, AGED ABOUT 52 YEARS, R/O D. NO. 4 RAMACHANDRAPURAM MANDAL, EAST GODAVARI DISTRICT 533262. 2. SMT. THOTA SHANTHA DEVI 27, VENKATAYAPALEM, RAMACHANDRAPURAM MANDAL EAST GODAVARI DISTRICT 1. THE AUTHORIZED OFFICER, Indian Overseas Bank, Asset Recovery Management Branch, D.No. 48 Visakhapatnam 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 an appropriate Writ order of stay or direction of status particularly in the nature of Writ of Mandamus from refraining the Respondent/Bank and their interested parties from taking any action or causing any further harassment, torture and mental agony with to their threats until the disposal of the lA No. Honourable DRT, Visakhapatnam as well as the Honourable court and pass IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 3111/2026 THOTA PUNDARIKAKSHULU, S/O. SATYANARAYANA, AGED ABOUT 52 YEARS, R/O D. NO. 4-27, VENKATAYAPALEM, RAMACHANDRAPURAM MANDAL, EAST GODAVARI DISTRICT SMT. THOTA SHANTHA DEVI, , W/O. PUNDARIKAKSHULU, D.NO. 4 27, VENKATAYAPALEM, RAMACHANDRAPURAM MANDAL EAST GODAVARI DISTRICT - 533262 ...PETITIONER(S) AND THE AUTHORIZED OFFICER, Indian Overseas Bank, Asset Recovery Management Branch, D.No. 48-14-111, Sri Nithya complex, ...RESPONDENT 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 issue an appropriate Writ order of stay or direction of status particularly in the nature of Writ of Mandamus from refraining the Respondent/Bank and their interested parties from taking any action or causing any further harassment, torture and mental agony with to their threats until the disposal of the lA No. 150 /2026 in S.A. No. 33 / 2026 in the Honourable DRT, Visakhapatnam as well as the Honourable court and pass IN THE HIGH COURT OF ANDHRA PRADESH [3558] FOURTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY SRI JUSTICE TUHIN KUMAR GEDELA THOTA PUNDARIKAKSHULU, S/O. SATYANARAYANA, AGED 27, VENKATAYAPALEM, RAMACHANDRAPURAM MANDAL, EAST GODAVARI DISTRICT - , , W/O. PUNDARIKAKSHULU, D.NO. 4- 27, VENKATAYAPALEM, RAMACHANDRAPURAM MANDAL EAST ...PETITIONER(S) THE AUTHORIZED OFFICER, Indian Overseas Bank, Asset Recovery 111, Sri Nithya complex, ...RESPONDENT 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 issue an appropriate Writ order of stay or direction of status quo particularly in the nature of Writ of Mandamus from refraining the Respondent/Bank and their interested parties from taking any action or causing any further harassment, torture and mental agony with to their threats 150 /2026 in S.A. No. 33 / 2026 in the Honourable DRT, Visakhapatnam as well as the Honourable court and pass 2 CMR,J & GTK,J W.P.No.3111 of 2026 IA NO: 1 OF 2026 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 to issue an interim order to stay all further proceedings of the respondent/Bank and other interested parties connecting with the auction, proposed on 06-02- 2026 and the Honourable Court to pass Counsel for the Petitioner(S): 1. MOHAMMAD UMAR Counsel for the Respondent: 1. 3 CMR,J & GTK,J W.P.No.3111 of 2026 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioners. 2. Challenging the measures initiated by the respondent-Bank, for realization of the loan amount payable by the petitioners, the petitioners have filed this writ petition. 3. As can be seen from the writ petition, it is evident that the petitioners have already approached the Debts Recovery Tribunal, which is the appropriate forum constituted under the special enactment with special mechanism for redressal of the grievances relating to the measures initiated under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioners have filed securitization application No.33 of 2026 before the Debts Recovery Tribunal and the same is pending adjudication before the Debts Recovery Tribunal. They have also filed an interlocutory application along with the said securitization application seeking interim relief. Therefore, as they have already approached the Tribunal for redressal of their grievance, we are not inclined to interfere in the matter and to entertain this writ petition. The petitioners have to pursue their remedy before the Tribunal where their application is pending adjudication. They cannot maintain parallel proceedings before this Court and the Tribunal relating to the same grievance. 4. Therefore, the Writ Petition is disposed of with a direction to the petitioners to pursue their remedy before the Tribunal where their securitization application is pending adjudication. There shall be no order as to costs. 4 CMR,J & GTK,J W.P.No.3111 of 2026 As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 04.02.2026 MDP