THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE N.R.L.NAGESWARA RAO WRIT PETITION No.7159 of 2011 ORDER: (per Hon’ble Sri Justice Ghulam Mohammed) This Writ Petition is filed seeking a Writ of Mandamus declaring the action of the respondent-bank in issuing the notice of attachment dated 25.01.2011 asking the petitioners to remove their belongings and handover vacant possession of house bearing No.6-3-172, Premnagar, Khairatabad, Hyderabad as illegal and arbitrary. The respondent-bank issued the demand notice dated 11.11.2010, under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the Act’), calling upon the petitioners to repay the outstanding amount within sixty days. As they defaulted in repayment, the impugned attachment notice was issued seeking to attach the property in question. This Court cannot interdict the notice so as to prevent the bank from discharging its statutory obligation under Section 13(4) of the Act. Section 13(2) of the Act gives an opportunity to the petitioners to make a representation or repay the amount. This Court would not entertain the Writ Petitions challenging the notice preventing the respondent-bank from discharging its statutory obligation. It is settled proposition of law that this Court would not exercise jurisdiction when the bank issues notice, unless such notice was issued by the authority who lacks jurisdiction. The Writ Petition fails and is, accordingly, dismissed. However, the petitioners are at liberty to approach the Debts Recovery Tribunal, if measures are taken by the bank under Section 13(4) of the Act. It is made clear that since the matter is pending before this Court, the said period shall be excluded for the purpose of calculating limitation, if any under Section 14 of the Limitation Act. No order as to costs. GHULAM MOHAMMED,J N.R.L.NAGESWARA RAO,J Dt:13.06.2011 usd