APHC010646532025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI WRIT PETITION NO: 33520/2025 Between: 1. NAGARAJU SIKHAKOLLI, S/O LATE VENKATRAV BHAVANARUSHI NAGAR, CHILAKALURI PET, PALNADU DISTRICT. 2. 2. SIKHAKOLLI SUBHASHINI, W/O NAGARAJU PROPRIOTER OF BHAGYA LAXMI TRADERS CHILAKALURI 1. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED, Rep. by its Authorized Officer, Mr.Kuriyala Ramesh, S/o. K.Venkateswarlu, Guntur Petition under Article 226 of the Constituti circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order, or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction on the part of the Respondent in not issuing notice under Section 13(2), 13(4) of the SARFAESI Act, 2002, and the subsequent orders of the Execution Court in CrI.M.P.No.836 of 2025, dated 08.10.2025, as illegal, arbitrary, unjust, and violative of Articles 14, 21, grant a stay and direct the Execution Court to forthwith stop all furt proceedings in CrI.M.P.No.836 of 2025, dated 08.10.2025 the above Writ Petition, and pass IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 33520/2025 NAGARAJU SIKHAKOLLI, S/O LATE VENKATRAV BHAVANARUSHI NAGAR, CHILAKALURI PET, PALNADU DISTRICT. 2. SIKHAKOLLI SUBHASHINI, W/O NAGARAJU PROPRIOTER OF BHAGYA LAXMI TRADERS CHILAKALURI PET, PALNADU DISTRICT. ...PETITIONER(S) AND CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY by its Authorized Officer, Mr.Kuriyala Ramesh, S/o. K.Venkateswarlu, Guntur-522007. ...RESPONDENT 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 issue a Writ, Order, or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction on the part of the Respondent in not issuing notice under Section 13(2), 13(4) of the SARFAESI Act, 2002, and the subsequent orders of the Execution Court in CrI.M.P.No.836 of 2025, dated 08.10.2025, as illegal, arbitrary, unjust, and violative of Articles 14, 21, 300A, of the Constitution of India Consequently, grant a stay and direct the Execution Court to forthwith stop all furt proceedings in CrI.M.P.No.836 of 2025, dated 08.10.2025 pending disposal of the above Writ Petition, and pass IN THE HIGH COURT OF ANDHRA PRADESH [3558] THIRTIETH DAY OF JANUARY THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY JUSTICE TUHIN KUMAR GEDELA NAGARAJU SIKHAKOLLI, S/O LATE VENKATRAV BHAVANARUSHI SIKHAKOLLI SUBHASHINI, W/O NAGARAJU PROPRIOTER OF PET, PALNADU DISTRICT. ...PETITIONER(S) CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY by its Authorized Officer, Mr.Kuriyala Ramesh, S/o. ...RESPONDENT on of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be issue a Writ, Order, or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction on the part of the Respondent in not issuing notice under Section 13(2), 13(4) of the SARFAESI Act, 2002, and the subsequent orders of the Execution Court in CrI.M.P.No.836 of 2025, dated 08.10.2025, as illegal, arbitrary, unjust, and the Constitution of India Consequently, grant a stay and direct the Execution Court to forthwith stop all further pending disposal of 2 CMR,J & GTK,J W.P.No.33520 of 2025 IA NO: 1 OF 2025 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 grant stay for the Order/Proceedings in CrI.M.P.No.836 of 2025, dated: 08.10.2025 of The Principal Assistant Sessions Judge Guntur-Cum-Chief Judicial Magistrate, Guntur please consider all above merits and pending disposal of the above Writ Petition, and pass Counsel for the Petitioner(S): 1. KODATI RAMYA KRISHNA Counsel for the Respondent: 1. KUNUKU RAJA SEKHAR 3 CMR,J & GTK,J W.P.No.33520 of 2025 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioners. 2. Challenging the measures initiated by the financial institution under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the petitioners have already approached the Debts Recovery Tribunal, which is the appropriate forum, by way of filing securitization application No.6 of 2023. Therefore, we are not inclined to interfere in the matter and permit the petitioners to maintain parallel proceedings both before this Court and the Tribunal, which is not permissible under law. 3. So, the Writ Petition is disposed of with a direction to the petitioners to pursue their remedy before the Debts Recovery Tribunal in the securitization application that is pending adjudication before it. 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: 30.01.2026 MDP