THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION NO : 17537 of 2011 Order: (Per Hon’ble Sri Justice Ghulam Mohammed) Assailing the action of the 1st respondent in invoking the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the SARFAESI Act’), the petitioner filed the present writ petition. The petitioner states that she purchased the property in question under a registered sale deed dated 22.10.2010 from the 2nd respondent herein, on payment of valid consideration. Subsequently, she came to know that the 2nd respondent mortgaged the said property to the 1st respondent-bank and the 1st respondent was taking steps for initiating action under the SARFAESI Act. She, immediately approached the 1st respondent and also paid a sum of Rs.50,000/- to the credit of the loan account of the 2nd respondent and requested it to furnish the details of the said loan transaction to enable her to clear off the loan amount. But the 1st respondent did not take any action thereon. She, therefore, issued a legal notice to the 1st respondent bank on 23.4.2011. Pursuant to which, the 1st respondent, issued a reply notice stating that the 2nd respondent alone has to discharge the loan amount as he stood as guarantor to one Sri Anil Kumar, the original borrower. Hence, the petitioner filed the present writ petition. Admittedly, the petitioner is neither a borrower nor a guarantor and there is no privity of contract between the petitioner and the 1st respondent-bank. In such circumstances, we decline to entertain the present writ petition. However, taking into consideration the facts and circumstances of the case, we feel it appropriate to direct the petitioner to avail the remedy of appeal as provided under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 before the Debts Recovery Tribunal. The writ petition is accordingly dismissed. No costs. _______________________ GHULAM MOHAMMED,J DATE: 24.6.2011 _______________ K.G. SHANKAR,J pnb