HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE N. RAVI SHANKAR WRIT PETITION NO. 30942 OF 2010 Between: Lankapalli Arun Kumar, S/o Late Venkata Ramaiah ………….Petitioners AND The Authorized Officer, Andhra Bank Zonal Office and one another ………….Respondents 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 respondents in not answering on the objections raised by the petitioner against the notice issued under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (for short “the SRFAESI Act”) and without giving notice under Section 13(4) of the SRFAESI Act, trying to take measures under the Act, the present Writ Petition is filed. Brief facts of the case are that the petitioner herein is doing business in the name and style of “Sri Aruna Bharath Gas Distributos”, at Gudlavalleru, Krishna District and for the purpose of his business, he availed credit facility to a tune of Rs. 15,00,000/- from Andhra Bank, Zilla Parishad Branch, Machilipatnam on 23.11.2007. It is stated that due to financial problems delay caused in repayment of the loan amount. Hence, the first respondent-Bank issued a notice under Section 13(2) of the SRFAESI Act on 17.9.2010. For that he submitted a representation on 15.11.2010 narrating the objections and without answering the same, the officials of the respondent- Bank came to his house on 3.12.2010 asking him to vacate the house. Aggrieved by the same, the present Writ Petition is filed. The learned counsel appearing for the petitioner submits that he filed a representation on 15.11.2010 narrating the objections mentioning that if some time is given he will clear off all his dues due to the Bank and without considering his representation straight away coming to his house on 3.12.2010 and asking him to vacate the premises is illegal. On the other hand, the learned counsel appearing for the respondent-Bank submits that the notice under Section 13(2) of the SRFAESI Act only was served on the petitioner and they have not taken any measures under Section 13(4) of the SRFAESI Act and they have not brought the property under sale. Heard the learned counsel appearing for both sides and also perused the material made available on record. The Supreme Court in SLP © No. 10145 of 2010 dated 26th July 2010 observed as under: “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 SARFAESI 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 above judgment of the Supreme Court, this Court cannot interfere with the matter under Article 226 of the Constitution of India. But having regard to the facts and circumstances of the case and also taking into consideration the request made by the petitioner that he will pay the entire amount due to the bank if some time is provided, to meet the ends of justice, we deem it appropriate to direct the petitioner to pay the entire amount due to the Bank with interest in three monthly instalments. The first instalment shall be paid on or before 31st January 2011, the second instalment shall be paid on or before 28th February 2011 and the third instalment shall be paid on or before 31st March 2011. Failure of any of the above conditions mentioned, the Bank is at liberty to proceed against the petitioner in accordance with law. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J _______________________ N. RAVI SHANKAR, J DATE: 27.12.2010 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.