HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION NO. 2984 OF 2011 Between: Mr. Gurudu Govardhan S/o G. Gnaga Ram ………….Petitioner AND Branch Manger, State Bank of Hyderabad, Dharpally Branch, Nizamabad ………….Respondent ORDER : (Per Hon'ble Sri Justice Ghulam Mohammed) Heard both sides and at their request the main Writ Petition is taken up for disposal at the stage of admission. Challenging the action of the respondent-Bank in issuing the notice under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (for short “the SRFAESI Act”) and consequential notice under Section 13(4) of the SRFAESI Act, trying to take measures to take possession of the property in question without following the due procedure under law, the present Writ Petition is filed. Brief facts of the case are that the petitioner and his wife have secured a joint credit facility to a tune of Rs. 2,00,000/- from State Bank of Hyderabad, Dharpally Branch, Nizamabad District, for the purpose of securing a house by mortgaging the property on 25.11.2002. It is stated that the petitioner has paid an amount of Rs. 1,53,960/- and the last payment to the respondent-Bank was to an amount of Rs. 24,000/- on 25.1.2010 and inspite of the same, the respondent-bank issued a notice under Section 13(2) of the SRFAESI Act and consequently issued the proceedings under Section 13(4) of the SRFAESI Act on 27.1.2011. Aggrieved by the same, the present Writ Petition is filed. The grievance of the petitioner is that the respondent-Bank has taken the symbolic possession of the property under Section 13(4) of the SRFAESI Act and it would liquidate the property at any moment. His further grievance is that he has taken loan of Rs. 2,00,000/- only and out of that he has already paid an amount of Rs. 1,53,960/- but the respondent-Bank issued a notice to repay the amount of Rs. 1,96,557-87, which is illegal and arbitrary. As seen from the record, the amount taken by the petitioner from the respondent-Bank is Rs. 2,00,000/- and out of that he has already paid an amount of Rs. 1,53,960/- but the respondent-Bank still showing the due amount of Rs. 1,96,557.87. Therefore, without going into the merits or otherwise of the matter, the petitioner is directed to make a detailed representation ventilating his grievance mentioning that how much amount he paid and how much amount still due and payable to the Bank, within a period of one week from today. On such representation, the respondent-Bank shall consider and dispose of the same by passing appropriate orders, as expeditiously as possible. Till such time, no coercive steps shall be taken by the respondent- bank. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. __________________________ GHULAM MOHAMMED, J _______________________ K.G. SHANKAR, J DATE: 11.02.2011 KA Note: Communicate operative portion by wire at party’s costs. ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.