WP/2580/2026 of Smt. Sujatha Dupati, Vs The Gandhi Cooperative Urban Bank Limited, on 29 January 2026

1. SMT. SUJATHA DUPATI, W/O D. ESTER BABU, AGED ABOUT 40 YEARS, R/O D.NO.40-16/1-39, GEORGEPETA, OPP. KANDHARI HOTEL, LABBIPETA, VIJAYAWADA - 520010.

...PETITIONER AND

1. THE GANDHI COOPERATIVE URBAN BANK LIMITED, REGD. No. H948, MUSEUM ROAD, GOVERNORPETA, VIJAYAWADA

- 520002, REPRESENTED BY ITS AUTHORISED OFFICER.

2. THE CHIEF JUDICIAL MAGISTRATE, VIJAYAWADA, NTR DISTRICT - 520002

3. SRI M KETHAN KRISHNA, ADVOCATE COMMISSIONER, VIJAYAWADA - 520002.

...RESPONDENT(S): Counsel for the Petitioner:

1. N RAVI PRASAD Counsel for the Respondent(S):

1. KUNUKU RAJA SEKHAR The Court made the following:

THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.2580 of 2026 O R D E R: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy)

Heard Mr. N. Ravi Prasad, learned counsel for the petitioner, and Mr. Kunuku Rajasekhar, learned Standing Counsel for the 1st respondent-bank.

2. The petitioner, being the borrower, challenges in this writ petition the measures initiated by the 1st respondent-bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’) for realization of the loan amount due from the petitioner, by way of taking possession of the secured asset for the purpose of selling the same in the public auction.

3. The petitioner has already approached the Debts Recovery Tribunal, Visakhapatnam, by way of filing a Securitisation Application in S.A.No.59 of 2026 under Section 17 of the SARFAESI Act, challenging the said measures initiated by the 1st respondent-bank. It is brought to the notice of this Court that the said matter before the Tribunal is posted to 06.02.2026.

4. Therefore, when the petitioner has already approached the appropriate forum constituted to deal with the disputes under the SARFAESI Act, seeking redressal of her grievance, we are not inclined to interfere in the matter and to entertain this writ petition, permitting the petitioner to maintain parallel proceedings before the Tribunal and this Court, which is not permissible under law.

5. However, as it is the grievance of the petitioner that a notice was given by the Advocate Commissioner to take possession of the secured asset and that the Debts Recovery Tribunal is not disposing of the interlocutory application filed by her, seeking stay of further proceedings, even though there is an urgency, we are of the considered view that a direction to the Tribunal to dispose of the said stay application, in view of the urgency expressed by the petitioner, is required to be given.

6. Therefore, the writ petition is disposed of with a direction to the petitioner to pursue her remedy before the Debts Recovery Tribunal, Visakhapatnam, where S.A.No.59 of 2026 that was filed by her is pending adjudication. The Debts Recovery Tribunal is hereby directed to hear the stay application filed by the petitioner in the said S.A. and dispose of the same on merits on 06.02.2026, to which date the said stay application is posted.

As a sequel, interlocutory applications, if any pending, in this case shall stand closed. There shall be no order as to costs.

________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

______________________________________ JUSTICE TUHIN KUMAR GEDELA Date: 30.01.2026 IBL

THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA

WRIT PETITION No.2580 of 2026

Dt: 30.01.2026 IBL