APHC010721862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] TUESDAY, THE TENTH 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: 63/2026 Between: 1. SRI VIJAYALAKSHMI TRADERS, REP. BY ITS PROPRIETOR GANGIREDDY SABBELLA, O/O. D.NO. 1-8-6, NEAR RAMALAYAM, BAPARAJU DONKA, WARD NO.3, BAPATIA, BAPATIA DISTRICT- 522101. 2. GANGIREDDY SABBELLA,, S/O. SUBBAREDDY, AGED 42 YEARS, R/O. D.NO. 3-73, GUDIMETLAVARI STREET, MAHENDRAWADA, ANAPARTHI, EAST GODAVARI DISTRICT-533342. 3. SABBELLA SESHAYYAMMA,, W/O. SUBBAREDDT, AGED 60 YEARS, R/O. D.NO. 3-73, GUDIMETLAVARI STREET, MAHENDRAWADA, ANAPARTHI, EAST GODAVARI DISTRICT- 533342 4. LALITHA JYOTHISABBELLA,, W/O. GANGIREDDY, AGED 40 YEARS, R/O. D.NO. 3-73, GUDIMETLAVARI STREET, MAHENDRAWADA, ANAPARTHI, EAST GODAVARI DISTRICT-533342. 5. SUBBAREDDY SABBELLA,, S/O. ADIREDDY, AGED 62 YEARS, R/O. D.NO. 3-73, GUDIMETLAVARI STREET, MAHENDRAWADA, ANAPARTHI, EAST GODAVARI DISTRICT-533342. ...PETITIONER(S) AND 1. CHOLAMANDALAM INVESTMENT AND FINANCE CO LIMITED, REGD. OFFICE CHOLA CREST, C54-55 AND SUPER B-4, THIRU- VI-KA INDUSTRIAL ESTATE, GUINDY, CHENNAI-600 032. 2. CHOLAMANDALAM INVESTMENT AND FINANCE CO LIMITED, PRAKASH NAGAR, RAJAMAHENDRAVARAM-533103. REP. BY ITS 2 CMR,J & GTK,J W.P.No.63 of 2026 GPA HOLDER CHINTASRINIVAS. 3. AUTHORIZED OFFICER, CHOLAMANDALAM INVESTMENT AND FINANCE CO. LIMITED, PRAKASH NAGAR, RAJAMAHENDRAVARAM-533103. ...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 to i) declare that the respondent Nos.1,2 and 3 in invoking the provisions of Securitisation and Reconstruction of Financial Assets and Enforcementof Security Interest Act and rules framed thereunder, without registration of security agreement or secured interest with Central Registry of Securitization of Asset Reconstruction and Security Interest of India violating Section 26B of SARFAESI Act and in view of bar under Section 26D of SARFAESI Act, is illegal, violative of Section 26B and 26D of SARFAESI Act and rules framed thereunder and in violation of Article 14, 21 and 300- A of Constitution of India ii) Declare that the respondents 1,2 and 3 are disentitled to recover the amount invoking the provisions of SARFAESI Act iii)Direct the respondent Nos. 1, 2 and 3 not to proceed to recover the amount due to the institution in any other mode except by proceeding under SARFAESI Act and iv) 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 direct the respondents not to proceed with the collection of balance of debt due under Account No. 247705001046 of the petitioner by proceeding against the property of the petitioner’s guarantor/5th petitioner, pending disposal of the main writ petition and pass Counsel for the Petitioner(S): 1. MALLAVOLU NIKITHA Counsel for the Respondent(S): 1. KUNUKU RAJA SEKHAR The Court made the following: 3 CMR,J & GTK,J W.P.No.63 of 2026 ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Learned counsel for the petitioners seeks permission of this Court to withdraw the writ petition with liberty to approach the Debts Recovery Tribunal by way of filing an application under Section 17 of the SARFAESI Act seeking redressal of the grievance of the writ petitioners. 2. Permission is accorded. 3. Therefore, the Writ Petition is dismissed as withdrawn, granting liberty as prayed for. There shall be no order as to costs 4. As a sequel, Miscellaneous Applications pending, if any, shall stand closed. ________________________________________ CHEEKATI MANAVENDRANATH ROY, J _______________________ TUHIN KUMAR GEDELA, J Date : 10-02-2026 BMS