IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.1007 of 2009 Between: M/s.Sibar Auto Parts Limited, Registered Office:Plot Nos D4-& D- 5,Industrial Estate, Renigunta Road, Tirupathi-517506 Rep.by its Director Mr.K.Subbaiah ..... PETITIONER AND 1 Central Bank of India., Asset Recovery Cell, Regional Office 1st Floor, Central Bank Buildings, Bank STreet, Hyderabad, rep.by its Authorized Officer 2 Debts Recovery Tribunal, 5th floor, Triveni Complex Abids, Hyderabad, rep.by its Presiding Officer .....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 may be pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the Auction Notice dated 6.1.2009 issued in terms of the provisions of the Securitization Act, 2002 by the 1st respo0ndent proposing to auction the below mentioned properties of the petitioner as being arbitrary, intimidating illegal, and discriminatory, and is a clear violation of our fundamental rights guaranteed under the Articles, 14,19 & 21 and of Article 300A of the Constitution of India as well as of the principles of natural justice and consequently set aside the same along with the preceding Possession Notice dated 7.11.2008 and Demand Notice dated 17.9.2008. Counsel for the Petitioner:MR.T.V.L.NARASIMHA RAO Counsel for the Respondent No.: . The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.1007 of 2009 ORDER: (per the Hon’ble Sri Justice Vilas V.Afzulpurkar) The petitioner has approached this court against the auction notice, dated 06-01-2009 published by the respondent bank in the Indian Express, dated 07-01-2009, proposing to hold auction of properties mentioned under item Nos.(a) to (g) of the said publication. The auction is proposed to be held on 07-02-2009. The petitioner alleges, in the affidavit filed in support of the writ petition, that against the measures taken by the respondent Bank under Section 13 of the SARFAESI Act, he had already filed Securitisation Application No.328 of 2008 before the 2nd respondent Tribunal on 25-11-2008. It is also stated that the 2nd respondent Tribunal has already issued notice on 06-01-2009 and the next date of hearing is fixed on 11-02-2009. The grievance of the petitioner is that while the said proceedings are pending before the 2nd respondent Tribunal, the present publication has been made by the respondent bank proposing to auction the properties on 07-02-2009, which incidentally is prior to the next date of hearing fixed in S.A.No.328 of 2008. We have heard the learned counsel for the petitioner. He has made several submissions questioning the validity of the auction of the Bank. We, however, feel that all those questions are clearly subject matter of the S.A.No.328 of 2008 already filed by the petitioner before the 2nd respondent and we are sure that the 2nd respondent shall deal with the same in accordance with law. However, sofaras the present grievance is concerned with respect to the auction proposed to be made, it is evident that after the said publication is made by the Bank, the petitioner has not approached the 2nd respondent Tribunal seeking either advancement of the said S.A. and/ or stay of the said auction. Since the publication of the said auction notice has been subsequent to the 2nd Respondent Tribunal ordering notice in S.A.No.328 of 2008 filed by the petitioner, it is appropriate that the petitioner be relegated to approach the 2nd respondent Tribunal by making appropriate application seeking advancement of the said S.A. and/or making a separate interim application seeking interim relief as against the said auction notice. We are sure that if such applications are made, the Tribunal will deal with it on priority basis, keeping in view that the auction is proposed to be held on 07-02-2009 and pass appropriate orders in accordance with law. With the above observation, the writ petition is disposed of. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Dated: 28-01-2009 Note: Issue C.C. by tomorrow (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{TRK}