THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K. G. SHANKAR WRIT PETITION No.11392 of 2011 Jaggavarapu Nirmala Madhuri Rama Pushpam v. Kotak Mahindra Bank Limited and others. THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K. G. SHANKAR WRIT PETITION No.11392 of 2011 Oral Order : ( Per Sri GM, J ) This Writ Petition has been filed challenging the action of the respondents in issuing possession notice dated 25-1-2011 in pursuance of the notice issued under section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( for short “the Act”). According to the petitioner without serving any notice under section 13(2) of the Act the respondent-Bank had issued possession notice under section 13(4) of the Act. Learned Standing Counsel appearing for the respondents-Bank relying on the judgment of the Supreme Court in SLP (C ) No.10145 of 2010 dated 26th July 2010, submitted that the petitioner has got efficacious alternative remedy under section 17 of the Act. The Hon’ble Supreme Court in SLP (C) No.10145 of 2010 dated 26th July 2010 at paragraph 27 of the judgment observed as under: “ 27. It is a matter of serious concern that despite repeated pronouncements of this Court, the High Court continue to ignore the availability of statutory remedies under the DRT Act and SRFAESI Act and exercise jurisdiction under Article 226 for passing orders which have serious adverse impact on the right of banks and other financial institutions to recover their dues. We hope and trust that in future the High Courts will exercise their discretion in such mattes with greater caution, care and circumspection.” In view of the said judgment of the Supreme Court and having regard to the facts and circumstances of the case, since there is an efficacious alternative remedy of filing an appeal under section 17 of the Act, we are not inclined to entertain the writ petition. For the foregoing reasons, we do not see any ground to entertain the writ petition. The petitioner is at liberty to move the appropriate forum as per law. Till 30- 6-2011 no coercive steps shall be taken by the respondents-Bank. The Writ Petition is accordingly dismissed. No costs. ________________________ GHULAM MOHAMMED, J. _________________ K.G. SHANKAR, J 20-6-2011/KK THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K. G. SHANKAR WRIT PETITION No.11392 of 2011 20-6-2011