WP/33520/2025 of NAGARAJU SIKHAKOLLI Vs CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED on 29 January 2026

1. NAGARAJU SIKHA NAGAR, CHILAKAL

2. SIKHAKOLLI SUB BHAGYA LAXMI TR

1. CHOLAMANDALAM LIMITED, Rep. by K.Venkateswarlu, G Petition under Articl circumstances stated in pleased to issue a Wr nature of Writ of Man Respondent in not issuin Act, 2002, and the CrI.M.P.No.836 of 2025, violative of Articles 14, 2 grant a stay and direct proceedings in CrI.M.P.N the above Writ Petition, a E HIGH COURT OF ANDHRA PRAD AT AMARAVATI (Special Original Jurisdiction) THE THIRTIETH DAY OF JANUARY O THOUSAND AND TWENTY SIX PRESENT RI JUSTICE CHEEKATI MANAVEND BLE SRI JUSTICE TUHIN KUMAR G RIT PETITION NO: 33520/2025 AKOLLI, S/O LATE VENKATRAV BH LURI PET, PALNADU DISTRICT. 2. BHASHINI, W/O NAGARAJU PRO RADERS CHILAKALURI PET, PALNA ...P AND M INVESTMENT AND FINANCE its Authorized Officer, Mr.Kuriyala Guntur-522007. ...R le 226 of the Constitution of India pra the affidavit filed therewith, the High rit, Order, or Direction, more particu ndamus, declaring the inaction on t ng notice under Section 13(2), 13(4) of subsequent orders of the Exec , dated 08.10.2025, as illegal, arbitra 21, 300A, of the Constitution of India t the Execution Court to forthwith No.836 of 2025, dated 08.10.2025 pen and pass DESH

Y DRANATH ROY GEDELA HAVANARUSHI OPRIOTER OF ADU DISTRICT. PETITIONER(S) E COMPANY Ramesh, S/o. RESPONDENT aying that in the h Court may be larly one in the the part of the f the SARFAESI ution Court in ary, unjust, and a Consequently, stop all further nding disposal of

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

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