WP/36388/2025 of Bitra Vijay Kumar, Vs Federal Bank, on 6 January 2026

1. BITRA VIJAY KUM YEARS, R/O D.N VELAGAPUDIVARI DISTRICT.

1. FEDERAL BANK, R 59A-15-1, Bhadraia 520010. Petition under Articl circumstances stated in pleased to issue writ or MANDAMUS a) declarin order dated 02-12-2025 Judicial Magistrate-cum- Section 14 of the Securi Enforcement of Security mortgaged property, by before the Debts Recov vitiated by suppression o consequently to set asid E HIGH COURT OF ANDHRA PRAD AT AMARAVATI (Special Original Jurisdiction) AY, THE SEVENTH DAY OF JANUAR O THOUSAND AND TWENTY SIX PRESENT RI JUSTICE CHEEKATI MANAVEND BLE SRI JUSTICE TUHIN KUMAR G RIT PETITION NO: 36388/2025 MAR,, S/O SAMBASIVA RAO, AGE NO. 14-99, TF-3, SRI SRINIVASA

STREET, YENAMALAKUDURU AND Rep. by its Authorized Officer, Branch ah Nagar, NTR Circle, Patamata ...R le 226 of the Constitution of India pra the affidavit filed therewith, the High order more particularly one in the nat ng the action of the respondent Bank 5 in Crl.M.P.No.1019 of 2025 on the -Principal Assistant Sessions Judge, tisation and Reconstruction of Financ y Interest Act, 2002, in respect of It suppressing the pendency of S.A.N very Tribunal, Visakhapatnam, as i of material facts and abuse of statu e the said order, dated 02-12-2025 DESH

RY DRANATH ROY GEDELA ED ABOUT 50 A RESIDENCY U, KRISHNA ...PETITIONER Office at D.No. Vijayawada - RESPONDENT aying that in the h Court may be ure of WRIT OF in obtaining the file of the Chief , Guntur, under cial Assets and tem No.2 of the No.376 of 2025 llegal, arbitrary, tory power, and and restrain the

CMR,J & GTK,J W.P.No.36388 of 2025

respondent Bank from taking physical possession of Item No.2 of the mortgaged property pending disposal of S.A.No.376 of 2025, b) to set aside the Oder, dated 01-10-2025 passed in I.A.No.2881 of 2025 in S.A. No. 376 of 2025 by the learned Debts Recovery Tribunal, Visakhapatnam and consequently permit the petitioner to deposit the conditional amount as directed under the interim order dated 11-07-2025 and to 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 petition, the High Court may be pleased to direct the respondent Bank not to take physical possession of Item No.2 of the mortgaged property pursuant to the order dated 02-12-2025 passed in Crl.M.P.No.1019 of 2025 by the learned Principal Assistant Sessions Judge - Cum - Chief Judicial Magistrate, Guntur and to pass Counsel for the Petitioner:

1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent:

1. CMR,J & GTK,J W.P.No.36388 of 2025

The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy)

Heard learned counsel for the petitioner.

2. Challenging the measures initiated by the respondent-Bank for recovery of the loan amount, in view of the default committed by the petitioner, who is the principal borrower, in repayment of the loan amount, the petitioner has filed the present writ petition.

3. The petitioner has got an efficacious remedy of approaching the Debts Recovery Tribunal by way of filing securitization application under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the Act’) for redressal of his grievance before the said forum. But, without approaching the Debts Recovery Tribunal, he has filed the writ petition. So, we are not inclined to interfere in the matter and to entertain the writ petition.

4. Therefore, the Writ Petition is disposed of with liberty to the petitioner to approach the Debts Recovery Tribunal, seeking redressal of his grievance. 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