IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 2625 of 2009 Between: 1 J.P. Fuel Station, Rep by its Proprietor, J. Kondal Reddy, S/o. J. Pratap Reddy, aged 30 years, R/o. Lingojigudem, Choutuppal, Nalgonda District. 2 J. Pratap Redy, S/o. J. Malla Reddy, R/o. Lingojigudem, Choutuppal, Nalgonda District. ..... PETITIONER(S) AND 1 State Bank of India, Rep by its Authorised Officer/ Branch Manager, Choutuppal, Nalgonda District. 2 State Bank of India, Rep by its Regional Manager, Region-II, Module - II, Regional Business Office, Mahaboobnagar. .....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 will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in not considering the representation of the petitioner in rescheduling the loan and the action of the respondents in proceeding further with the mortgaged properties under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security interest Act, 2002 as arbitrary, illegal and improper and consequently direct the respondents herein to consider the representation of the petitioner in rescheduling the loan and not to proceed with the mortgaged property under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security interest Act, 2002 and pass Counsel for the Petitioner:MR.V.V.N.NARASIMHAM Counsel for the Respondent : MR.AMBADIPUDI SATYANARAYANA FOR R12.03.09,VAK-1 The Court made the following : ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This Writ Petition is filed seeking to issue a Writ one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the representation of the petitioner in re-scheduling the loan availed by him and further the action of the respondents in proceeding with the mortgaged properties of the petitioner under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short the Act) as being illegal, arbitrary and improper and consequently to direct the respondents to consider the representation of the petitioner and not to proceed with the mortgaged properties under the provisions of the Act, till disposal of his representation. Heard the learned counsel for the petitioners and the learned counsel for the respondents’ bank. It is brought to our notice by the learned counsel for the respondents that the petitioner has already filed an appeal before the Debts Recovery Tribunal under Section 17 of the Act and the said appeal is pending, adjudication. It is also stated that the petitioner has obtained interim orders in the said appeal. In view of the same, this Writ Petition cannot be proceeded with and the writ petition is accordingly dismissed. No order as to costs. ________________________ GHULAM MOHAMMED,J ________________________ VILAS V. AFZUL PURKAR,J Date:01.06.2009. NRG/GK HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE VILAS V. AFZUL PURKAR WRIT PETITION NO.2625 OF 2009 DATE:01.06.2009.