Andhra Pradesh High Court - Amravati
Tapadia Kavitha vs Union Of India on 28 January, 2026
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
APHC010034522026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3558]
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
AND
THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA
WRIT PETITION No.2198 of 2026
Between:
1. TAPADIA KAVITHA, W/O. LATE TAPADIA GOVIND LAL, AGED
ABOUT 46 YEARS,
2. TAPADIA SHASHANK GOVIND LAL, W/O. LATE TAPADIA
GOVIND LAL, AGED ABOUT 23 YEARS.
THE PETITIONERS NO. 1 & 2 ARE R/O. D.NO. 11-56-43,
MARVADI TEMPLE STREET, VIJAYAWADA, KRISHNA
DISTRICT, ANDHRA PRADESH - 520001.
...PETITIONER(S)
AND
1. UNION OF INDIA, MINISTRY OF FINANCE AND COMPANY
AFFAIRS (DEPARTMENT OF ECONOMIC AFFAIRS)
(BANKING DIVISION), REPRESENTED BY ITS SECRETARY
3RD FLOOR, JEEVAN DEEP BUILDING, SANSADMARG,
NEW DELHI-110001.
2. RESERVE BANK OF INDIA, REPRESENTED BY ITS
SECRETARY, DEPARTMENT OF BANKING REGULATION,
OFFICE AT CENTRAL OFFICE, 12TH FLOOR, SHAHID
BHAGAT SINGH MARG, FORT, MUMBAI, MAHARASHTRA-
400001.
2
CMR, J & GTK, J
W.P.No.2198 of 2026
3. STATE BANK OF INDIA(SBI), CORPORATE CENTRE,
SYNERGY BUILDING, G BLOCK, BANDRA KURLA COMPLEX,
MUMBAI -400051.
4. STATE BANK OF INDIA(SBI), REPRESENTED BY ITS
AUTHORISED OFFICER/ BRANCH MANAGER, HOME LOAN
CENTRE-1 (RACPC-1), 1ST FLOOR, K.K. TOWERS, NEAR
BENZ CIRCLE, M.G. ROAD, VIJAYAWADA, ANDHRA
PRADESH - 520010.
...RESPONDENT(S):
Counsel for the Petitioner(S):
1. SINGARAJU MAHASWETHA VARMA
Counsel for the Respondent(S):
1. DIVYA DATLA.
The Court made the following:
3
CMR, J & GTK, J
W.P.No.2198 of 2026
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
AND
THE HON'BLE SRI JUSTICE TUHIN KUMAR GEDELA
WRIT PETITION No.2198 of 2026
O R D E R:(Per Hon'ble Sri Justice Cheekati Manavendranath Roy) Heard Ms. S. Maha Swetha Varma, learned counsel for the petitioners, and Ms. Divya Datla, learned Central Government Counsel appearing for respondent No.1.
2. Since this writ petition is being disposed of with a direction to the petitioners to avail their remedy by approaching the appropriate forum, which is the Debts Recovery Tribunal, notice to respondent Nos.2 to 4 is dispensed with.
3. Challenging the measures initiated by the 4th respondent-bank for realization of the loan amount on account of the default committed by the petitioners in repayment of the loan amount and issuance of notice under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the SARFAESI Act') to take possession of the secured asset, the present writ petition has been filed by the petitioners.
4. The petitioners have got an efficacious remedy of approaching the Debts Recovery Tribunal, which is constituted with special mechanism for adjudication of the disputes relating to the measures initiated by the banks and financial institutions under the SARFAESI Act for recovery of the loan amounts. But, the petitioners, without approaching the said appropriate forum, have invoked the writ jurisdiction of this Court. The Supreme Court has time and again deprecated the practice of the High Courts in entertaining the writ petitions without relegating the petitioners to the Debts Recovery 4 CMR, J & GTK, J W.P.No.2198 of 2026 Tribunal, which is the appropriate forum for redressal of such grievances. Therefore, we are not inclined to interfere in the matter and to entertain the present writ petition.
5. Therefore, the writ petition is disposed of with a direction to the petitioners to pursue their remedy by approaching the Debts Recovery Tribunal concerned by way of filing a Securitisation Application under Section 17 of the SARFAESI Act.
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: 28.01.2026 IBL 5 CMR, J & GTK, J W.P.No.2198 of 2026 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.2198 of 2026 Dt: 28.01.2026 IBL