APHC010095472026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] TUESDAY,THE TWENTY 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: 5342/2026 Between: 1. SHAIK MOHAMMED JANI, S/O. GALIB, AGED 31 YEARS, R/O. DOOR NO. 15-3-59/A, 1ST LINE, GANDHI NAGAR, RTC COLONY, GUNTUR - 522004. 2. SHAIK BIBI AYESHA,, W/O. GALIB, AGED 54 YEARS, R/O. DOOR NO. 15-3-59/A, 1ST LINE, GANDHI NAGAR, RTC COLONY, GUNTUR - 522004. 3. SHAIK GAIB,, S/O. SHAIK JANI AHMAD, AGED 65 YEARS, R/O. DOOR NO. 15-3-59/A, 1ST LINE, GANDHI NAGAR, RTC COLONY, GUNTUR - 522004. 4. SHAIK HARIS AHMAD,, S/O. GALIB, AGED 30 YEARS. DOOR NO. 15-3-59/A, 1ST LINE, GANDHI NAGAR, RTC COLONY, GUNTUR - 522004. 5. SHAIK SUBANI,, S/O. SHAIK MAHABOOBALI, AGED 46 YEARS, R/O. D. NO. 8-18/1-5, 1ST LINE, ARUNDHATHI NAGAR, GUNTUR - 522001. ...PETITIONER(S) AND 1. SHRIRAM FINANCE LTD, REP. BY ITS AUTHORIZED OFFICER, D.NO. 29-37-141, II FLOOR, NEAR RAMAMANDIRAM, ELURU ROAD, VIJAYAWADA - 520002. 2 2. M/S SHRIRAM FINANCE LIMITED, REP. BY ITS BRANCH MANAGER, LOCATED AT IBRAHIMPATNAM, KRISHNA DISTRICT. 3. THE DEBT RECOVERY TRIBUNAL, VISAKHAPATNAM ...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 pleased topleased to issue a Writ, Order or Direction(s), more particularly one in the nature of Writ of Mandamus directing the respondent FI not to proceed with the auction duly fixed on 27.02.2026 pursuant to the Sale Notice dt. 24.01.2026 pending disposal of the S.A. No. 757 of 2025 and to pass 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 direct the respondent FI not to proceed with the auction duly fixed on 27.02.2026 pursuant to the Sale Notice dt. 24.01.2026 pending disposal of I.A. No. 742 of 2026 of 2026 in S.A. No. 757 of 2025 by the 3rd Respondent, pending disposal of the Writ Petition and to pass Counsel for the Petitioner(S): 1. SHEIKH NEHA HASSAN Counsel for the Respondent(S): 1. The Court made the following: 3 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 5342/2026 ORDER: (Per Sri Justice Cheekati Manavendranath Roy) Heard Ms. Sheikh Neha Hassan, the learned counsel for the petitioners and Sri O.Udaya Kumar, learned Standing counsel for the respondents 1 and 2 - financial institution. 2. Challenging the measures initiated by the respondents – financial institution under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’) to sell the secured asset in the public auction by issuing sale notice, dated 24.01.2026, the petitioners have filed the present writ petition. 3. The pleadings of the writ petition itself disclose that the petitioners have already approached the Tribunal by way of filing Securitization Application in S.A.No.757 of 2025 challenging the said measures. Therefore, the petitioners cannot be permitted to maintain parallel proceedings before this Court. So, we are not inclined to entertain the writ petition. 4. Therefore, the Writ Petition is disposed of with a direction to the petitioners to pursue their remedy before the Tribunal where their S.A.No.757 of 2025 is pending adjudication. However, as it is stated that the Interlocutory Application filed for stay is not being disposed of by the Tribunal even though 4 there is urgency, the Tribunal is directed to hear the stay petition and dispose of the same within two (2) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 24.02.2026 Furnish copy by 26.02.2026 KA 5 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 5342/2026 Date: 24.02.2026 Furnish copy by 26.02.2026 KA