IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 889 of 2008 Between: A.P. Mahesh Cooperative Urban Bank Limited, 5-3-989, 3rd Floor, N.S. Road, Hyderabad, Rep. by its Sr. anager-Cum-Authorised Officer, P.V. Sharma, S/o. P. Krishna Murthy, aged 54 yrs ..... PETITIONER AND 1 Debts Recovery Tribunal, Triveni Complex, 5th Floor, Abids, Hyderabad, Rep. by its Presiding Officer, 2 M/s. Shilpa Homes, 6-3-249/3/C, Road No.1, Banjara Hills, Hyderabad, Rep. by its Managing Partner, P.V.S.N. Murthy .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Certiorari or any other appropriate writ, direction or Directions to quash the order of the 1st respondent in IA No. 1108/2007 in SA No. 250/2007 dt. 28-12-2007 by declaring the same as contrary to the view taken by this Hon'ble Court in WP nos. 6846 and 17257 of 2007 dt. 5- 12-2007 which were decided between the parties herein, and pass such other order or orders Counsel for the Petitioner:MR.V.SRINIVAS Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : JUDGMENT: (Per the Hon’ble Smt. Justice T.Meena Kumari ) This Writ Petition assails the order dated 28.12.2007 made in I.A. No. 1108 of 2007 in S.A. No. 250 of 2007 by the Debts Recovery Tribunal, Hyderabad, and seeks a writ of Certiorari to declare the same contrary to the view taken by this court in common order dated 5.12.2007 made in W.P. Nos. 6846 and 17257 of 2007, decided between the parties. By the impugned order, the Debts Recovery Tribunal, Hyderabad, having regard to the legal issue sought to be raised by the second respondent herein that Sec. 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 cannot be invoked without issuing notice under Sec. 13(4) of the said Act, had stayed all further proceedings in pursuance of the order dated 16.3.2007 passed by the learned Chief Metropolitan Magistrate, Hyderabad, in Crl. M.P. No. 954 of 2007, inasmuch as the issue has to be adjudicated in the main S.A. The second respondent herein has filed W.P. No. 17527 of 2007 seeking to set aside the order dated 16.3.2007 passed in Crl. M.P.No. 954 of 2007 by the learned Chief Metropolitan Magistrate, Hyderabad and payment of costs as per the letter dated 19.12.2006 as directed by the Debts Recovery Appellate Tribunal, in RA (SERFAEASI) No. 42 of 2006, which was dismissed by a learned Single Judge of this court, leaving it open to parties to pursue the remedies available to them. Aggrieved thereby, the second respondent preferred Writ Appeal No. 971 of 2008, which came up for admission today and this court has dismissed the same, recording the submission that since O.A. has already been filed before the Debt Recovery Tribunal, Hyderabad, in terms of the directions of the learned Single Judge, it is open for the appellant to prosecute the remedies before the Debts Recovery Tribunal, Hyderabad. Since this writ petition also assails the order staying all further proceedings pursuant to the order dated 16.3.2007 made in Crl.M.P. No. 954 of 2007 by the learned Chief Metropolitan Magistrate, Hyderabad, we leave it open to the petitioner to pursue the remedies before the Debt Recovery Tribunal, Hyderabad. With the said observation, the writ petition is accordingly closed. No order as to cost. _____________________ Justice T. Meena Kumari _________________________ Justice C.V.Nagarjuna Reddy March 16, 2009 MAS