HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 15607 of 2009 O R D E R: (per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition is filed seeking a Mandamus declaring the unsigned Letter No. ARMB/Hyd/346/2009, dated 14th July 2009 issued by the 1st respondent – Vijaya Bank, calling upon the writ petitioner to bring the prospective bidders within 15 days from the date of the said notice, for purchase of her house property bearing No. 6-45/130 situated in Survey No. 49, Yadamma Nagar, Dammaiguda, Old Alwal Village, Malkajgiri Mandal, Ranga Reddy District, as illegal, arbitrary and violative of principles of natural justice. The case of the petitioner, in brief, is that she requested the 3rd respondent, an employee of the 2nd respondent Company to arrange a mortgage loan of Rs. 2 lacs against the security of her house property referred to above. The 3rd respondent, accompanied by the officials of the 1st respondent bank at S.D. Road Branch, came to the petitioner and obtained her signatures on a set of blank documents and took the title deeds of her house property. Surprisingly, after quite sometime, the petitioner received the notice, dated 30th June 2007, under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, “the 2002 Act”) followed by the Possession Notice, dated 22nd September 2007 issued by the S.D. Road Branch of the 1st respondent bank demanding a sum of Rs.61,60,254.77ps., under Section 13(4) of the 2002 Act. The enquiries made by the petitioner revealed that the 3rd respondent in collusion with the officials of the 1st respondent bank secured NPA account of the 2nd respondent lying in the books of the 1st respondent bank at S.D. Road Branch with the title deeds of her property. Challenging the said Possession Notice, she filed Securitization Application No. 174 of 2007 before the Debts Recovery Tribunal at Hyderabad, under Section 17 of the 2002 Act and obtained stay of further proceedings, in pursuance of the Possession Notice, dated 22nd September 2007. Thereafter, the learned Presiding Officer, through order, dated 13th April 2009, dismissed the said Application, holding that the applicant therein has failed to prove her case. However, she could not avail the appellate remedy against that order, under Section 18(1) of the 2002 Act, due to her weak financial position. Thereafter, on 16th July 2009, she received the impugned letter calling upon her to arrange the bidders for an offer exceeding Rs. 36 lacs to purchase her property. Questioning the said letter, she filed the present Writ Petition. Learned counsel for the writ petitioner contends that since the proceedings under challenge is an unsigned letter, the 1st respondent bank cannot act upon the same. Admittedly, the petitioner has unsuccessfully availed the remedy of appeal, under Section 17 of the 2002 Act against the steps and measures taken by the 1st respondent bank, under Section 13(4) of the Act, to recover the amount allegedly due by her. Further, she has not filed any further appeal, under Section 18 of the 2002 Act, challenging the said order. Therefore, without going into the further details of the matter, we are of the opinion that the petitioner has to avail the alternative and efficacious remedy of appeal under Section 18 of the 2002 Act before the Appellate Tribunal. At this stage, learned counsel for the writ petitioner submits that there is no Presiding Officer appointed for the Appellate Tribunal and therefore, this factual aspect of the matter has got to be decided in this Court only. We are unable to accept the contention of the learned counsel, inasmuch as under Article 226 of the Constitution of India, this Court cannot go into the questions of fact and it is for the Appellate Tribunal to look into all those aspects of the matter. Therefore, the Writ Petition is dismissed at the stage of admission itself. However, it is left open to the writ petitioner to approach the Appellate Tribunal and raise all questions of fact thereat, under Section 18 of the 2002 Act, on or before 31st August 2009. on such appeal being filed, the Appellate Tribunal shall entertain the same and pass orders considered appropriate thereon, on its own merits. No costs. ---------------------------------- (GHULAM MOHAMMED,J) ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 3rd August 2009 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{BMR}