WP/32316/2025 of SHULAM ESWARAIAH Vs HINDUJA HOUSING FINANCE LTD on 18 November 2025

1. SHULAM ESWARAIAH, S/O SRINIVASULU, R/O D.N0.4-914A, ATMAKUR VILLAGE, ANANTAPUR DISTRICT - 515751.

2. T. KUSUMA, , W/O SHULAM ESWARAIAH R/O D.N0.4-914A, ATMAKUR VILLAGE, ANANTAPUR DISTRICT - 515751.

...PETITIONER(S) AND

1. HINDUJA HOUSING FINANCE LTD, SARB Branch, Kurnool, Rep. by its Authorised Officer AND Cluster Legal Manager, HN51/12-12-E3, 2nd Floor, Tilak Nagar Revenue Colony, Kurnool-518002.

...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 pleased topleased to issue a Writ or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent in initiating SARFAESI proceedings including fixing e-auction on 22.11.2025 without following due process of law as illegal, arbitrary and violative of Articles 14, 19, 21 and 300-A of the Constitution of India and direct the respondent to set aside all such actions, stay dispossession, and consequently direct the Respondent to grant 3 months time for full and final settlement, 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 petition, the High Court may be pleased pleased to STAY of all further proceedings pursuant on possession notice issued by the Housing finance and advocate commissioner notice even though CrI.Mp no. 211 of 2025 pending before the Chief Judicial Magistrate cum Principle Civil Judge(Senior Division) Anantapuram and to pass Counsel for the Petitioner(S):

1. TALARI RAJESWARI Counsel for the Respondent:

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

Heard learned counsel for the petitioners.

2. The 1st petitioner is the borrower, who availed loan from the respondent financial institution and the 2nd petitioner, who is his wife, is the co-borrower. They offered their properties as a security for repayment of the loan amount. As they failed to repay the loan amount, the respondent has initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short <the SARFAESI Act=) and issued notice under Sections 13(2) and 13(4) of the SARFAESI Act. Challenging the said notice, the petitioners have already approached the Debts Recovery Tribunal, Hyderabad by way of filing securitisation application. The same is numbered as S.R.No.1960 of 2025. It is stated that along with the same, they also filed an application for stay of the proceedings.

3. Therefore, when the petitioners have already approached the appropriate forum challenging the said measures initiated by the respondent, we are not inclined to interfere and to entertain the present writ petition.

4. However, as it is the grievance of the writ petitioners that the securitisation application is being not considered and the stay application is also not being considered and as there is urgency to consider the stay application, as property may be sold at any moment of time in the auction, it is prayed to direct the Debts Recovery Tribunal, Hyderabad to hear and dispose of the stay application expeditiously.

5. Therefore, considering the said limited grievance of the petitioners, the Writ Petition is disposed of with a direction to the Debts Recovery Tribunal, Hyderabad, to consider the stay application filed by the petitioners and to dispose of the same on merits, according to law, on or before 22.11.2025. There shall be no order as to costs. Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.

________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

_____________________________ JUSTICE TUHIN KUMAR GEDELA

Date: 19.11.2025 Note: Issue CC by tomorrow (B/o) ARR

THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

AND

THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA

WRIT PETITION NO: 32316/2025 Date: 19.11.2025

ARR