1 CMR,J & GTK,J W.P.No.6620 of 2026 APHC010117822026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] TUESDAY, THE TENTH 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: 6620/2026 Between: 1. KUPPAGIRI VEERA PRASAD, S/O. K. YEDUKONDALU, AGED ABOUT 44 YEARS, OCC BUSINESS, R/O. HOUSE NO. 2-99, UPPALAPADU VILLAGE, PEDAKAKANI MANDAL, GUNTUR DISTRICT ...PETITIONER AND 1. THE ICICI HFC BRANCH MANAGER, SUPRIYA TOWERS, 1ST FLOOR DOOR NO. 5-37-155, 4/15 LINE, BRODIPET, GUNTUR, ANDHRA PRADESH - 522002. 2. THE ZONAL REGIONAL MANAGER, ICICI HFC, DOOR NO. 54-20-LB, THIRD FLOOR, UNIT NO.4, SURYA PRAKASH SQUARE, REVENUE WARD NO. 2, GURUNANAK COLONY, VIJAYAWADA - 520008. 3. THE NRM, ICICI HFC, HEAD OFFICE, REGD. OFFICE, ICICI HOME FINANCE COMPANY LTD., ICICI BANK TOWERS, BANDRA, KURLA COMPLEX, MUMBAI, MAHARASTRA - 400051. 4. THE DEBTS RECOVERY TRIBUNAL, REP. BY ITS REGISTRAR, DOOR NO. 31-32-54, CHITRALAYA ROAD, NEAR LEELAMAHAL ROAD, DABA GARDENS, JAGADAMBA JUNCTION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT - 530020. 2 CMR,J & GTK,J W.P.No.6620 of 2026 ...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 or direction or order, more particularly one in the nature of Writ of Mandamus declaring the action of the 1st Respondent/Bank in proceeding with the Sale Notice under Rule 8(6) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002, dt. 14-02-2026, during the pendency of I.A. No. 5074 of 2025 in S.A. No. 793 of 2025 and I.A. No. 463 of 2026 in S.A. No. 75 of 2026 before the Hon'ble Debts Recovery Tribunal, at Visakhapatnam is illegal, contrary to Principles of Natural Justice and violative of provisions of the Securitisation And Reconstruction Of Financial Assets And Enforcement of Security Interest Act, 2002 and the rules framed there under and offends articles 14, 21 and 300-A of Constitution of India and consequently direct the 1st Respondent not to conduct the auction dated 04.03.2026 till finalization of I.A. No. 5074 of 2025 in S.A. No. 793 of 2025 and I.A. No. 463 of 2026 in S.A. No. 75 of 2026 before the Hon'ble Debts Recovery Tribunal, at Visakhapatnam 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 to order stay of all further proceedings pursuant to sale notice 04.03.2026 issued by the 1st respondent, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. RAMESH BABU NELATURI Counsel for the Respondent(S): 1. 3 CMR,J & GTK,J W.P.No.6620 of 2026 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioner. 2. Challenging the measures initiated by the respondent Bank under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the writ petitioner has already approached the Debts Recovery Tribunal by way of filing S.A.Nos.793 of 2025 and 75 of 2026. Therefore, during the pendency of the said applications, he cannot challenge the said measures initiated by the Bank again by way of filing this writ petition and maintain parallel proceedings both before this Court and the Tribunal. So, we are not inclined to interfere in the matter and to entertain the writ petition. 3. Therefore, the Writ Petition is disposed of with a direction to the petitioner to pursue his remedy before the Tribunal. 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: 10.03.2026 SNI 4 CMR,J & GTK,J W.P.No.6620 of 2026 111 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA W.P.No.6620 of 2026 (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Date: 10.03.2026 SNI