APHC010095922026 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: 5330/2026 Between: 1. PENUMUCHHI BABU SUKUMAR, S/O. SURYA RAO, AGED ABOUT 47 YEARS,R/O. DOOR NO. 1-08-91, MADIGA PETA, MANDAPAETA, EAST GODAVARI, MANDAPETA, ANDHRA PRADESH 2. PENUMUCHHI SUMA LATHA,, D/O. BABU SUKUMAR, AGED ABOUT 25 YEARS, R,/O. DOOR NO.1-08-91, MADIGA PETA, MANDAPAETA, EAST GODAVARI, MANDAPETA, ANDHRA PRADESH ...PETITIONER(S) AND 1. EQUITAS SMALL FINANCE BANK LTD, REP. BY ITS AUTHORIZED OFFICER, MR. JIDUGU GOPI, S/O. CHANDRA SEKHAR, AGED ABOUT 34 YEARS, HAVING REGISTERED OFFICE AT 4TH FLOOR, PHASE-II, SPENCER PLAZA, PHASE, 769, ANNA SALAI, CHENNAI- 600002. 2. M/SEQUITAS SMALL FINANCE BANK LIMITED, REP.BY ITS BRANCH MANAGER- RETAIL DOOR NO.27-4-16, ABOVE CHITANYA JEWLLERS, TEMPLE STREET, KAKINDA ANDHRA PRADESH-533001, 3. THE STATION HOUSE OFFICER, MANDAPETA TOWN POLICE STATION STATION ROAD,TARAWANI PETA, MANDAPETA, ANDHRA PRADESH, 533308 2 ...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 or direction more particularly one in the nature of Mandamus against the arbitrary action of the Respondent No.1 and 2 in initiating proceedings under Section 14 of SARFAESI Act, 2002 or any other appropriate writ by declaring the impugned Docket order in CRLMP.No.554 of 2025 in Dated 20-01-2026 on the file of the Chief Judicial Magistrate East Godavari, Rajamahendravaram and set aside the same, subsequently direct the 1 and 2 Respondent to declare the Notice/Order vide REF.DAMO Sarfaes SEP 24/SEKKNAD0405765/2 Dated 14-09-2024, under SARFAESI Act, 2002, shall not be made applicable to the petitioner and 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 stay of all further proceedings in CRLMP.No.554 of 2025 in Dated 20-01-2026 on the file of the Chief Judicial Magistrate: East Godavari,Rajamahendravaram in pursuant to the Impugned Notice/Order REF.DAMO: Sarfaesi SEP"24/SEKKNAD0405765/2 Dated 14-09-2024, under SARFAESI Act, 2002, in order to sell the house property of the Petitioner through Demand notice passed by the 1st Respondent, Dated 10- 01-2025,Possession Notice issued Rule 8(1) possession notice for immovable property under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 R/w. Rule 8 of the Security Interest (Enforcement) Rules, 2002, including the Interim Order Chief Judicial Magistrate: East Godavari, Rajamahendravaram in CRLMP.No.554 of 2025 in Dated 20-01- 2026 and pass Counsel for the Petitioner(S): 1. KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent(S): 1. GP FOR HOME 2. The Court made the following: 3 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 5330/2026 ORDER: (Per Sri Justice Cheekati Manavendranath Roy) Heard Sri Kakumanu Joji Amrutha Raju, the learned counsel for the petitioner and the learned Standing Counsel for the respondents 1 & 2 financial institutions. 2. The 1st petitioner is the principal borrower, who availed a loan from the respondent-financial institution. As the 1st petitioner committed default in repayment of the loan amount, the respondent-financial institution has initiated measures under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’). Challenging the same, the present writ petition has been filed by the petitioners stating that even though the petitioners are ready to repay the entire loan amount with accrued interest thereon and to redeem the secured asset, the respondent-financial institution is not receiving the same. 3. In fact, the said submission made by the learned counsel for the petitioners is not borne out from the pleadings. It is not pleaded anywhere in the writ affidavit that the petitioners are ready to discharge the loan amount with accrued interest thereon and to redeem the mortgage. The writ petition has been filed on other grounds. Therefore, we are not inclined to entertain the writ petition. 4 4. Therefore, the Writ Petition is disposed of with a direction to the petitioners to approach the respondents-financial institution within two (2) weeks to repay the entire loan amount with accrued interest thereon as they got right to redeem the mortgage till the sale notice is issued, under law. If the petitioners offer to clear the entire outstanding amount of the loan with accrued interest thereon before issuing sale notice, the respondents-financial institution shall accept the same. 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 KA 5 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 5330/2026 Date: 24.02.2026 KA