THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE K.G.SHANKAR Writ Petition No.3358 OF 2011 01-03-2011 Between: Smt. B.Jayapradha Reddy ……….Petitioner And State Bank of Hyderabad, Alakapuri Branch, rep. by its Branch Manager, Hyderabad and another. ………Respondents THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE K.G.SHANKAR Writ Petition No.3358 OF 2011 ORDER : (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is misconceived. There is no cause of action for the petitioner. The 2nd respondent, who is the husband of the petitioner, is the borrower. However, since the petitioner and her children are living in the house of the petitioner, the 1st respondent bank issued notice under Section 13 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity ‘SARFAECI Act’) demanding to vacate the house for recovery of the loan amount availed her husband. Challenging the same, the petitioner approached this Court and filed the present writ petition. 2. The learned standing counsel for the respondent-bank contended that there is no measure is taken against the petitioner and there is no cause of action for filing this writ petition. The original borrower is the husband of the petitioner who has availed the loan by creating mortgage. The official demand notice was issued on 23-04-2010 and same was served on the borrower on 04-02-2011 and still the respondent-bank has not taken any measures against the petitioner since there is no privity of contract between the bank and the petitioner. 3. Under Section 13 (2) of the SARFAECI Act, the bank is empowered to issue notice asking the borrower to repay the loan amount within 60 days. But this does not give raise to a cause of action for the petitioner to file the writ petition. Unless the measures are taken under Section 13 (2) of the SARFAECI Act, there is no cause of action for the petitioner. The writ petition is pre-matured and the same is liable to be dismissed. When the measures are taken by the respondent-authorities against the petitioner under Section 13 (2) of the SARFAECI Act, she is at liberty to approach the appropriate forum. 4. Accordingly, the writ petition is dismissed. There shall be no order as to costs. _____________________________ JUSTICE GHULAM MOHAMMED Dated:01-03-2011 ________________________ JUSTICE K.G. SHANKAR Kvr