High Court of Andhra Pradesh · 2025-01-22
WP/1468/2025 of SRI VIGNESWARA SEA FOODS Vs STATE BANK OF INDIA
- Citation / case number
- APHC010023252025
- Court
- High Court of Andhra Pradesh
- Petitioner
- WP/1468/2025 of SRI VIGNESWARA SEA FOODS
- Respondent
- STATE BANK OF INDIA
Judgment text excerpt
APHC010023252025 Bench Sr.No:-3 IN THE HIGH COURT OF ANDHRA PRADESH [3446] AT AMARAVATI WRIT PETITION NO: 1468 of 2025 Sri Vigneswara Sea Foods and another ...Petitioners Vs. State Bank of India ...Respondent ********** Advocate for petitioners : Sri B. V. Krishna Reddy Advocate for respondent : Sri S. Satyanarayana Moorthy CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE : 23rd January 2025 PC: The petitioners are aggrieved by the proceedings initiated under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act). 2. Considering the ratio of the judgment rendered by the Apex Court in Radha Krishan Industries v. State of H.P.,1 whereby the Apex Court had reiterated the principle that when an alternate remedy was available to a person, the resort to extraordinary writ jurisdiction was not permitted unless the Court was satisfied that the case of the petitioner fell within any of the exceptions which had been crystallized by the Apex Court as under:- 1 (2021) 6 SCC 771 2 “27.3. Exceptions to the rule of alternate remedy arise where: (a) the writ petition has been filed for the enforcement of a