THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE N.RAVI SHANKAR WRIT PETITION No.31626 of 2010 ORDER: (Per Hon’ble Sri Justice N.Ravi Shankar) This writ petition is filed questioning certain actions and steps taken by the first respondent-bank under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the Act’) to recover the advance loan amount given by it to the borrower. The petitioner is, admittedly, a tenant in the property in question. He says that he subsequently purchased the property on 23.05.2008 without knowing about the earlier mortgage made by the borrower in favour of the first respondent-bank. It is well settled that any subsequent purchase after the property was first mortgaged shall be subject to the mortgage. Further, there is also no privity of contract between the petitioner and the first respondent-bank. In the circumstances, the petitioner can work out his remedies by way of an appeal under Section 17 of the Act. Accordingly, the writ petition is dismissed in limini. ______________________________ JUSTICE GHULAM MOHAMMED _____________________________ JUSTICE N.RAVI SHANKAR​ 15th December 2010 dr