HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION NO. 6148 OF 2011 Between: Gurudu Malla Reddy S/o Bal Reddy ………….Petitioner AND Andhra Bank , Nacharam Branch ………….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 impugned notice dated 28.1.2011 of the respondent as illegal and arbitrary and consequently direct the respondent not to seize the tractor, Trailer and Farm implements without proceeding under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the SRFAESI Act”). Brief facts of the case are that the petitioner and his family approached the respondent-Bank and obtained a term loan of Rs. 4,49,000/- on 17.2.2005 by giving security of Ac. 5.07 cents of land located at Koltur Village of Shamirpet Mandal against equitable mortgage. It is stated that as on 14.2.2011 they paid an amount of Rs. 2,84,500/- to the respondent-Bank and after that they committed default due to non- availability of proper water facility. While so, the respondent-Bank issued notice asking the petitioner to pay the overdue amount of Rs. 3,55,624/- on or before 7.2.2011 and failing which, they would seize the tractor trailer through bank recovery agent without any notice and will sell the same. Aggrieved by the same, the present Writ Petition is filed. The learned counsel appearing for the petitioner submits that the petitioner is ready and willing to repay the amount if opportunity is given. He also submits that if the respondent Bank is seized the tractor and trailer petitioner and his family will be deprived of using the tractor and trailer. Heard the learned counsel appearing for the petitioner and also perused the material made available on record. As the petitioner herein is ready and willing to clear off the debt due to the respondent-bank, without going into the merits or otherwise of the matter, the Writ Petition is disposed of directing the petitioner herein to deposit half of the amount over due, within a period of four weeks from today and the remaining balance amount of over due within four weeks thereafter. Failing which the respondent- Bank is at liberty to proceed against the petitioner, in accordance with law. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J _____________________ K.G. SHANKAR, J DATE: 06.04.2011 KA Note: Furnish copy in two days. ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.