1 APHC010112042026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] MONDAY,THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 6134/2026 Between: 1. M/S LEELA AMRUTHA COTTONS, REP.BY ITS PROPRIETOR, SRI MADANA VENKATAPPA REDDY, S/O. ANKI REDDY, AGED ABOUT 56 YEARS, R/O.H.NO.4-2-68, KORETIPADU, CHAITANYAPURI, 2ND LANE, GUNTUR, GUNTUR DISTRICT. 2. MADANA VENKATAPPA REDDY,, S/O. ANKI REDDY, AGED ABOUT 56 YEARS, R/O.H.NO.4-2-68, KORETIPADU, CHAITANYAPURI, 2ND LANE, GUNTUR, GUNTUR DISTRICT. ...PETITIONER(S) AND 1. THE UNION BANK OF INDIA, REP. BY ITS AUTHORIZED OFFICER, ASSET RECOVERY OFFICER, 4TH FLOOR, ANDHRA BANK BUILDING RR APPARAO STREET, VIJAYAWADA, KRISHNA DISTRICT. 2. THE DEBT RECOVERY TRIBUNAL, REP. BY ITS REGISTRAR, 31-32- 54, CHITRALAYA ROAD, NEAR LEELAMAHAL ROAD, DABA GARDENS, JAGADAMBA JUNCTION, VISAKHAPATNARN, ANDHRA PRADESH -530 020 ...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 to issue a Writ of or any Appropriate Writ by direction to the 2nd 2 Respondent to decide I.A.Nos.1172 of 2025, 2009 of 2025, 2894 of 2025, 3192 of 2025, 4136 of 2025 in S.A.No.194 of 2025 pending the action of the 1st Respondent Bank in making attempts to take over the Possession and conducting of auction in terms of sale notice vid Ref-ARB VIJ SALE 1371 2025-26, dated 09.02.2026 of Schedule property i.e., Residential House situated at D.No. 189/A of Koretipadu bearing Door No.4-2-68, 2nd Lane , Chaitanyapuri, Guntur, Guntur District., is illegal, contrary to Principles of Natural Justice, consequently to direct the 1st Respondent not to take Possession of the aforementioned property, till I.A.No s.1172 of 2025, 2009 of 2025, 2894 of 2025, 3192 of 2025, 4136 of 2025 in S.A.No.194 of 2025 before the Honble DRT, Visakhapatnam are decided, 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 to direct the 1st Respondent Bank not to take Physical Possession and not to proceed with the auction in in terms of sale notice vide Ref-ARB:VIJ;SALE; 1371:2025-26, dated 09.02.2026 of the Schedule property i.e.. Residential House situated at D.No. 189/A of Koretipadu bearing Door No.4-2-68, 2nd Lane Chaitanyapuri, Guntur, Guntur District., till the I.A.No’s.1172 of 2025, 2009 of 2025, 2894 of 2025, 3192 of 2025, 4136 of 2025 in S.A.No.194 of 2025 before the Hon’ble DRT, Visakhapatnam are decided and to pass Counsel for the Petitioner(S): 1. S DILIP JAYA RAM Counsel for the Respondent(S): 1. 3 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioners. 2. In view of the default committed by the petitioners who are the principal borrowers in repayment of the loan amount, the respondent-bank has initiated measures under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (for short, ‘the Act’). The petitioners have already approached Debt Recovery Tribunal challenging the said measures by way of filing S.A.No.194 of 2025 and also seeking interim reliefs by way of filing various interlocutory applications. Challenging the attempt made by the bank to take possession of the secured asset in terms of the sale notice that was issued the instant petition has been filed. As the petitioners have already approached Debt Recovery Tribunal by way of filing an appropriate application challenging the said proceedings, they cannot maintain parallel proceedings before this Court by way of fIling the Writ Petition during the pendency of the said Securitization Application. Therefore, we are not inclined to interfere in the matter and to entertain the Writ Petition. 3. Resultantly, the Writ Petition is disposed of with a direction to the petitioners to pursue their remedy before the Tribunal where their applications are pending. The Tribunal shall consider the interlocutory applications and pass appropriate orders expeditiously in view of the urgency that is urged by the petitioners. There shall be no order as to costs. 4 As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 09.03.2026 TM