(Per Sri Justice Cheekati Manavendranath Roy)
Heard Sri N.Ravi Prasad, the learned counsel for the petitioner.
2. Challenging the acts of the Bank officials in taking possession of the
secured asset pursuant to the order of the learned Magistrate passed under
Section 14 of the Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest (SARFAESI) Act, 2002, the instance writ
petition has been filed by the writ petitioner, who is the principal borrower.
3. Earlier when the writ petitioner approached this Court by way of filing
W.P.No.2580 of 2026 challenging the measures initiated by the respondent
Bank under the SARFAESI Act for realization of the loan amount, by way of
taking possession of the secured asset for the purpose of selling the same in
the public auction, this Court has disposed of the said writ petition with a
direction to the petitioner to pursue her remedy before the Debts Recovery
Tribunal, Visakhapatnam, where she has already filed S.A.No.59 of 2026
which is pending adjudication before the Tribunal. However, this Court has
directed the Tribunal to hear the stay application filed by the petitioner in the
said S.A. and dispose of the same on merits on 06.02.2026 to which date the
said stay application is posted.
