APHC010049682026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] THURSDAY,THE FIFTH 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: 3339/2026 Between: 1. ELMA RANI BONIGALA, W/O. VEERAIAH, AGED ABOUT 47 YEARS, R/O. D. NO. 15-3-9, 2ND LINE, SHANTI NAGAR, PONNURU, GUNTUR DT.-522124 2. M/S. DIVYA SAREES,, REP. BY ELMA RANI C/O. D. NO. 15-3-9, 2ND LINE, SHANTI NAGAR, PONNURU, GUNTUR DT.-522124 3. MR. VEERAIAH BONIGALA,, S/O. NAGABHUSHNAM, AGED ABOUT 52 YEARS, R/O. D. NO. 15-3-9, 2ND LINE, SHANTI NAGAR, PONNURU, GUNTUR DT.-522124 ...PETITIONER(S) AND 1. THE CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD, FINANCE COMPANY LTD, REP BY ITS AUTHORIZED OFFICER, C/O. DARE HOUSE, 2, N.S.C. BOSE ROAD, PARRYS, CHENNI, TAMILNADU.- 600108 2. THE HONBLE DEBTS RECOVERY TRIBUNAL, REP. BY ITS REGISTRAR,C/O. D. NO. 313254 CHITRALAYA ROAD, DABA GARDENS, VISAKHAPATNAM, ANDHRA PRADESH.-530001 ...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 2 CMR,J & GTK,J W.P.No.3339 of 2026 pleased topleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS questioning the order dt. 26.12.2025 passed in I.A 3734 of 2025 in S.A No 575 of 2025 on the file of the court of Debt Recovery Tribunal, Visakhapatnam, which is without jurisdiction and contrary to the Principles of Natural Justice and provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 and rules framed there under besides being in violative of Articles 14, 21 and 300-A of Constitution of India and consequently set aside the order dt. 26.12.2025 passed in I.A. 3734 of 2025 in S.A No 575 of 2025 on the file of the court of Debt Recovery Tribunal, Visakhapatnam and also order dt. 22.09.2025 passed in CrI. M.P. No. 837 of 2025 on the file of the court of Principal Assistant Sessions Judge, Guntur - cum- Chief Judicial Magistrate, Guntur and pass s 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 pleased to suspend the order dt. 26.12.2025 passed in I.A 3734 of 2025 in S.A No 575 of 2025 on the file of the court of Debt Recovery Tribunal, Visakhapatnam, pending disposal above writ petition and pass Counsel for the Petitioner(S): 1. M R S SRINIVAS Counsel for the Respondent(S): 1. The Court made the following: 3 CMR,J & GTK,J W.P.No.3339 of 2026 ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioners. 2. Challenging the order dated 26.12.2025 passed in I.A.No.3734 of 2025 in S.A.No.575 of 2025 on the file of the Debts Recovery Tribunal, Visakhapatnam, whereby the Interlocutory Application filed seeking stay of order passed under Section 14 of the Act was dismissed, this writ petition was preferred. 3. Since this writ petition is being disposed of on the ground of its maintainability, notice to respondents is dispensed with. 4. The impugned order dismissing the stay petition is an appealable order under Section 18 of the SARFAESI Act. Therefore, when a statutory right of appeal is provided to an aggrieved person against the impugned order, the petitioners have to avail the said remedy of statutory appeal. Without exhausting the said remedy, they cannot maintain the present writ petition. 5. Therefore, the Writ Petition is disposed of with a direction to the petitioners to avail the statutory remedy of appeal provided under Section 18 of the Act. There shall be no order as to costs. 6. As a sequel, Miscellaneous Applications pending, if any, shall stand closed. ________________________________________ CHEEKATI MANAVENDRANATH ROY, J _______________________ TUHIN KUMAR GEDELA, J Date : 05-02-2026 BMS