IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 14775 of 2008 Between: Mohd.Qasim S/o.Md Haji Taher 18-7-212/4/B Takabkatta,Hyderabad ..... PETITIONER AND 1 The Deputy Registrar/Arbitrator Chairminar Co-Operative Urban Bank Ltd Having its Office 22-7-387/4 Purani Haveli,Hyderabad 2 Mrs. Ameena Begum W/o.Syed Hussain 19-2-25/A/28/1 Sattar Bagh Jahanuma Hyderabad 3 Ms.Sabera Begum W/o.Syed Ahmed 19-2-25/A/28/1 Sattar Bagh,Jahanuma Hyderabad 4 M/s.Shinning Star Collections a proprietory Concern having office at Shop/House No.19-2-25/A/28/1 rep.by its Hussain S/o.Ali 5 Omer Bin Abdullah S/o.Abdullah Bin Sayeed 18-7-425/77/B Talab Katta B Aman Nagar .....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, order or direction more especially one in the nature of writ of Mandamus to declare the action of the 1st respondent in executing the sale certificate vide Registered Document No.1324/2008 dt.03-06-2008 infavour of the 5th respondent is arbitrary illegal, invalid and contrary to the provisions of the SARFASI Act Security Interest Rules and consequently set aside certificate bearing Document No.1324/2008 dt.03-06-2008 in the office of the Sub Registrar Dood Bowli Hyderabad executed by the 1st respondent in favour of the 5th respondent. Counsel for the Petitioner: MR.B.CHANDRASEN REDDY Counsel for the Respondents: MR.S.ASHOK ANAND KUMAR The Court made the following ORDER: The order impugned in the writ petition is an appealable one under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the Act”). The learned counsel appearing for the petitioner seeks permission to withdraw the writ petition reserving liberty to the petitioner to work out the remedy as available under the above referred provision. Permission as sought for, is accorded and the writ petition is dismissed as withdrawn reserving liberty to the petitioner to raise all the grounds available to him before the Debt Recovery Tribunal. There shall be no order as to costs. ________________________ B.SESHASAYANA REDDY,J Dt:25.07.2008 kdl ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR}