APHC010666022025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE WRIT PETITION NO: 34337/2025 Between: 1. GIRIJALA UDAYA LAKSHMI, W/O G GURU PRASAD, AGED ABOUT 52 YEARS, R/O D.NO.20D 1. UGRO CAPITAL LTD, rep by its Authorized Officer Equinox Business Park, Tower 3, 4th Floor, LBS Road, Kurla (West), Mumbai Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the aff pleased to issue a writ / order or direction particularly in the nature Mandamus declaring the Respondent as violative of Art., 14 and 300 besides being in violation of SARFEASI Act and the Rules on the subject, directing not to proceed further and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the p direct the Respondent not to conduct Auction Dt:9.12.2025 vide the Auction Notice Dt:5.11.2025 pending W.P. and IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH 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: 34337/2025 GIRIJALA UDAYA LAKSHMI, W/O G GURU PRASAD, AGED ABOUT 52 YEARS, R/O D.NO.20D-1-4, GANUGULAPETA, ELURU ...PETITIONER AND UGRO CAPITAL LTD, rep by its Authorized Officer Equinox Business Park, Tower 3, 4th Floor, LBS Road, Kurla (West), Mumbai ...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 particularly in the nature Mandamus declaring the Auction Notice Dt.9.12.2025 issued by the Respondent as violative of Art., 14 and 300-A of the Constitution besides being in violation of SARFEASI Act and the Rules on the subject, directing not to proceed further and pass 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 Respondent not to conduct Auction Dt:9.12.2025 vide the Auction Dt:5.11.2025 pending W.P. and pass IN THE HIGH COURT OF ANDHRA PRADESH [3558] THE SEVENTH DAY OF JANUARY THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY SRI JUSTICE TUHIN KUMAR GEDELA GIRIJALA UDAYA LAKSHMI, W/O G GURU PRASAD, AGED ABOUT 4, GANUGULAPETA, ELURU - 534 002 ...PETITIONER UGRO CAPITAL LTD, rep by its Authorized Officer Equinox Business Park, Tower 3, 4th Floor, LBS Road, Kurla (West), Mumbai -400070 ...RESPONDENT Petition under Article 226 of the Constitution of India praying that in the idavit filed therewith, the High Court may be issue a writ / order or direction particularly in the nature writ of Auction Notice Dt.9.12.2025 issued by the A of the Constitution of India besides being in violation of SARFEASI Act and the Rules on the subject, Petition under Section 151 CPC praying that in the circumstances stated etition, the High Court may be pleased to direct the Respondent not to conduct Auction Dt:9.12.2025 vide the Auction 2 CMR,J & GTK,J W.P.No.34337 of 2025 Counsel for the Petitioner: 1. POTHINA GAGAN KARTHIK Counsel for the Respondent: 1. 3 CMR,J & GTK,J W.P.No.34337 of 2025 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioner. 2. The petitioner is a third party to the loan transaction. She is neither a borrower nor a guarantor. Claiming to be the GPA holder of the principal debtor, she has filed this writ petition to challenge the measures initiated by the respondent-financial institution under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the Act’) against the principal borrower, who has committed default in repayment of the loan amount, for recovery of the loan amount. 3. To a pointed question, as to why the petitioner has not approached the Debts Recovery Tribunal, which is the appropriate forum, constituted under the statute for redressal of the grievances relating to the measures initiated by the Bank and financial institution, learned counsel for the petitioner would submit that as the petitioner is a third party to the loan transaction that the Debts Recovery Tribunal is not entertaining the application filed by the third parties. In fact, there is nothing to indicate that the petitioner has filed any securitization application before the Debts Recovery Tribunal and it has returned or rejected the said application on the ground that the petitioner is a third party to the loan transaction. In fact, the Section 17 of the Act itself starts with the expression “any person”, which is wide enough to cover all persons other than the principal debtors and guarantors and any aggrieved person can initiate proceedings before the Debts Recovery Tribunal. 4. Therefore, we are not inclined to interfere in the matter and to entertain the writ petition. If the petitioner is aggrieved by the measures taken by the financial institution, she has to seek her remedy before the appropriate forum constituted under the Act. 4 CMR,J & GTK,J W.P.No.34337 of 2025 5. Resultantly, the Writ Petition is disposed of with a direction to the petitioner to approach the Debts Recovery Tribunal and challenge the measures initiated by the financial institution on the grounds which are urged in this writ petition. 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: 07.01.2026 MDP