HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION NO. 27054 OF 2008 Between: P. Venkateswarlu S/o late P. Bhadraiah and three others ………….Petitioners AND Bank of India ………….Respondent ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed seeking to issue an order particularly one in the nature of Writ of Mandamus declaring the action of the respondent-Bank in taking the physical possession of the Flat bearing No. 506, 5th Floor, in premises No. 16-1-577, Bharadwaja complex, Gaddiannaram, Dislsukhnagar, in which, petitioners are residing as tenants, as illegal and arbitrary. Brief facts of the case are that the petitioners herein are the tenants of Smt. Athar Unnisa Begum W/o Mohd Shafi residing at Flat No. 506, 5th Floor in Premises No. 16-1-577, Bharadwaja Complex, Gaddiannaram, Dilsukhnagar, Hyderabad, since 1.6.2008 by paying monthly rent of Rs. 3,500/- and also they have paid an advance of Rs. 50,000/- on 5.6.2008 to their land lady. It is their case that at no point of time they were issued any notice by the respondent-Bank. The main grievance of the petitioners is that in terms and conditions of their tenancy, they are entitled to three months notice for vacating the said flat. Under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, any aggrieved person can file an appeal before the Debts Recovery Tribunal. Section 17 of the Act reads as under: “Right to appeal: (1) Any person (including borrower), aggrieved by any of the measures referred to in sub- section (4) of Section 13 taken by the secured creditor or his authorised officer under this Chapter, may prefer an appeal to the Debts Recovery Tribunal having jurisdiction in the matter within forty-five days from the date on which such measures had been taken. (2) Where an appeal is preferred by a borrower, such appeal shall not be entertained by the Debts Recovery Tribunal unless the borrower has deposited with the Debts Recovery Tribunal seventy five percent of the amount claimed in the notice referred to in sub-section (2) of Section 13: Provided that the Debts Recovery Tribunal may, for reasons to be recorded in writing, waive or reduce the amount to be deposited under this section. (3) Save as otherwise provided in this Act, the Debts Recovery Tribunal shall, as far s may be, dispose of the appeal in accordance with the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993) and rules made thereunder.” Heard the learned counsel appearing for both sides and also perused the material made available on record. This Writ Petition is misconceived inasmuch as petitioners herein are neither guarantors nor borrowers. They are only tenants and they have taken the premises in question on rent from their landlady on monthly rent of Rs. 3,500/-. Be that as it may, the Supreme Court in SLP (c ) No. 10145 of 2010 dated 26th July 2010 at paragraph 27 of the judgment observed as under: “27. It is a matter of serious concern that despite repeated pronouncement of this Court, the High Courts continue to ignore the availability of statutory remedies under the DRT Act and SRFAESI Act and exercise jurisdiction under Article 226 for passing orders which have serious adverse impact on the right of banks and other financial institutions to recover their dues. We hope and trust that in future the High Courts will exercise their discretion in such matters with greater caution, care and circumspection.” In view of the facts and circumstances of the case and also in view of the above observation of the Supreme Court in SLP (C ) No. 10145 of 2010, this Writ Petition is liable to be dismissed. Accordingly, the Writ Petition is dismissed. However, the petitioner is at liberty to approach the Debts Recovery Tribunal, Hyderabad. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J _____________________ K.G. SHANKAR, J DATE: 15.02.2011 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.