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january 2025

High Court of Andhra Pradesh · 2025-01-29

WP/2034/2025 of TUMMAPUDI SREENIVASA SEKHAR Vs CANARA BANK

Citation / case number
APHC010038852025
Court
High Court of Andhra Pradesh
Petitioner
WP/2034/2025 of TUMMAPUDI SREENIVASA SEKHAR
Respondent
CANARA BANK
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Judgment text excerpt

APHC010038852025 Bench Sr.No:-2 IN THE HIGH COURT OF ANDHRA PRADESH [3446] AT AMARAVATI WRIT PETITION NO: 2034 of 2025 Tummapudi Sreenivasa Sekhar ...Petitioner Vs. Canara Bank and another ...Respondents ********** Advocate for petitioner : Ms. M. V. Ramana Kumari, learned counsel appearing for Ms. Mallavolu Nikitha. Advocate for respondents : None CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE : 30th January 2025 PC: The petitioner is 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 fo