Andhra Pradesh High Court - Amravati
Veeraraju Gurram vs The Iifl Home Finance Limited on 3 March, 2026
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
APHC010113362026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3558]
(Special Original Jurisdiction)
TUESDAY, THE THIRD DAY OF MARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA
WRIT PETITION NO: 6135/2026
Between:
1. VEERARAJU GURRAM, S/O. NAGARAJU GURRAM AGED ABOUT
58 YEARS, OCC AGRICULTURE, R/O.D.NO.1
R/O.D.NO.1-127,
127, MANGULAVARI
VEEDHI, YELESWARAM, EAST GODAVARI DISTRICT, PRESENTLY
KAKINADA DISTRICT - 533429.
...PETITIONER
AND
1. THE IIFL HOME FINANCE LIMITED, REP. BY ITS AUTHORIZED
OFFICER, SRI D. BALAJI SINGH NAIK, S/O. DMS. NAIK, AGED
ABOUT 45 YEARS. REGIONAL LEGAL MANAGER, INDIA INFOLINE
HOUSING FINANCE LTD., D.NO.6
D.NO.6-6-10,
10, GS RAO COMPLEX, OPP.
SBH, T. NAGAR, RAJAMAHENDRAVARAM, EAST GODAVARI
DISTRICT - 533101.
2. THE UNION OF INDIA, FINANCE DEPARTMENT, ROOM NO. 129
129-A,
NORTH BLOCK, NEW DELHI REP. BY ITS SECRETARY - 110001.
...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 to issue a writ or direction or order, more particularly one in the nature
of Writ of Mandamus challenging Order dated 16.01.2026 in Crl.MP.624 of
2025 on the file of the Chief Judicial Magistrate Court, East Godavari District
at Rajamahendravaram and consequ
consequential
ential warrants issued to secure physical
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CMR,J & GTK,J
W.P.No.6135 of 2026
possession of scheduled property in the notice Under Section 14 of
Securitization and Reconstruction of Financial Assets and Enforcement of
Security, Interest Act 2002 obtained by the respondent Financial Institution in
pursuant of possession notice dated 09.10.2025 issued by the 1st
respondent herein under Securitization and Reconstruction of Finance Assets
and Enforcement of Security Interest (SARFAESI) Act, 2002 is illegal,
arbitrary and violative of principles of natural justice and 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 to
suspend the Order dated 16.01.2026 in Crl.MP.624 of 2025 on the file of the
Chief Judicial Magistrate Court, East Godavari District at
Rajamahendravaram and consequential warrants issued to secure physical
possession of scheduled property in the notice Under Section 14 of
Securitization and Reconstruction of Financial Assets and Enforcement of
Security, Interest Act 2002 obtained by the respondent institution, pending
disposal of the writ petition and pass
Counsel for the Petitioner:
1. M K RAJ KUMAR
Counsel for the Respondent(S):
1.
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CMR,J & GTK,J
W.P.No.6135 of 2026
The Court made the following:
ORDER:(Per Hon'ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioner.
2. Challenging the order dated 16.01.2026 passed in Crl.M.P.No.624 of 2025 on the file of the learned Chief Judicial Magistrate, East Godavari District, whereby an order under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, was passed to take possession of the secured asset, the instant writ petition has been filed by the petitioner, who is the borrower.
3. The petitioner has got an efficacious remedy of challenging the said order, if at all he is aggrieved by any valid legal ground, before the Debts Recovery Tribunal, which is constituted under the Recovery of Debts and Bankruptcy Act, 1993, with special mechanism for redressal of such grievances. But, without approaching the Tribunal, the petitioner has invoked writ jurisdiction of this Court.
4. Therefore, the Writ Petition is disposed of with a direction 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: 03.03.2026 MDP