IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 27334 of 2008 Between: 1 Shaik Abdul Malik (Muslim) S/o. Late Abdul Razak Residing at Chinna Krishnapuram, Mettakkivalasa, Amudalavalasa Municipality, Srikakulam District. 2 Shaik Abdul Salam (Muslim) S/o. Nanne Saheb Residing at Chinna Krishnapuram, Mettakkivalasa, Amudalavalasa Municipality, Srikakulam District. ..... PETITIONER(S) AND 1 Andhra Bank Reptd. by its Chief Manager & Authorised Officer Zonal Office: Seethammadhara, Visakhapatnam. 2 Andhra Bank Reptd. by its Branch Manager Branch Office: Amudalavalasa, Srikakulam, Srikakulam Dist. .....RESPONDENT(S) 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 to issue any writ or direction, more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in proceeding further against the Writ Petitioners and their properties mortgaged with the Respondents Bank covered by Loan Account No.SSI/01/2001/2002 under the provisions of The Securitization and Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 Act as illegal, arbitrary, unilateral, devoid of jurisdiction and violative of principles of natural justice. Counsel for the Petitioner: MR.K.S.GOPALA KRISHNAN Counsel for the Respondent No.: DR.K.LAKSHMI NARASIMHA (SC FOR ANDHRA BANK) The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) The learned counsel appearing for the petitioners seeks permission of this Court to withdraw the Writ Petition with liberty to the petitioners to move the Forum under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 (for short “the Act”). Accordingly, the Writ Petition is dismissed as withdrawn. Liberty is given to the petitioners to move the Forum under Section 17 of the Act within one week from today. The Forum shall entertain the application without raising the plea of limitation and dispose of the same, as expeditiously as possible. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ VILAS V. AFZULPURKAR, J Dt. 05.06.2009 KA Note: Furnish copy today ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies