IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION No.24979 of 2009 DATE:18-11-2009 BETWEEN: Pamisetty Syamsundaram & Another. …Petitioners AND The Authorised Officer, State Bank of India, Hindupur main branch, Hindupur, Anantapur District. …Respondent THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION No.24979 of 2009 ORDER: By means of filing this writ petition under Article 226 of Constitution of India, the petitioners question the notice issued by the respondent-Bank under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘Act’) as arbitrary and illegal and barred by limitation under Section 37 of the Act and consequently, to set aside the same. It is not disputed that on issuance of the impugned notice, petitioners will have a right of representation under Section 13(3A) of the Act and on filing such representation, the respondent-Bank is under obligation to consider the same and communicate the order passed thereon to the petitioners and after passing such order, if the respondent-Bank proceeds under Section 13(4) of the Act, the petitioners will have a right of appeal before the Debts Recovery Tribunal under Section 17 of the Act. In view of the same, filing the writ petition without availing the efficacious remedies available under law cannot be entertained. Accordingly, the writ petition is dismissed. Petitioners are permitted to file a representation to the respondent-Bank under Section 13(3A) of the Act within two weeks from today and on filing such representation, the respondent-Bank shall consider the same and pass appropriate orders and communicate a copy of the same to the petitioners. No order as to costs. (A. GOPAL REDDY, J.) ____________________ (SAMUDRALA GOVINDARAJULU, J.) NOVEMBER 18, 2009 Tsr.