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january 2025

High Court of Andhra Pradesh · 2025-01-29

WP/1905/2025 of BONAM DURGA PRASAD Vs EDELWEISS ASSET RECONSTRUCTION COMPANY LTD

Citation / case number
APHC010024532025
Court
High Court of Andhra Pradesh
Petitioner
WP/1905/2025 of BONAM DURGA PRASAD
Respondent
EDELWEISS ASSET RECONSTRUCTION COMPANY LTD
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Judgment text excerpt

APHC010024532025 Bench Sr.No:-1 IN THE HIGH COURT OF ANDHRA PRADESH [3446] AT AMARAVATI WRIT PETITION NO: 1905 of 2025 Bonam Durga Prasad and another ...Petitioners Vs. Edelweiss Asset Reconstruction Company Ltd. and others ...Respondents ********** Advocate for petitioners : Sri D. V. V. S. S. N. H. Bhujanga Rao Advocate for respondents : None CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE : 30th 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