THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE N.RAVI SHANKAR Writ Petition No.29459 OF 2010 26-11-2010 Between: Smt. Penubothula Posi Ratnam ……….Petitioner And The Dhanalaxmi Bank limited, Vijayawada and another ………Respondents THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE N.RAVI SHANKAR Writ Petition No.29459 OF 2010 ORDER : (Per Hon’ble Sri Justice Ghulam Mohammed) The petitioner stood as a guarantor for the principal borrower who has taken loan amount from the 1st respondent bank. Since the principal borrower has failed to repay the same, and the respondents proceeded to conduct auction of the house property belonging to the petitioner and issued consequential auction notice dated 30-10-2010 under Securatization and Reconstruction of Financial Assets and Enforcement of Security Interest act 2002 (for brevity ‘SARFAESI Act’), the petitioner approached this Court and filed the present writ petition seeking Mandamus by declaring the action of the respondents in proposing to conduct auction of her house property situated in D.No.18-179/1, Murali nagar, Kanuru, Penamaluru Mandal, Vijayawada Town, Krishna District and issuing consequential notice dated 30-10-2010, as illegal and arbitrary. 2. As seen from the record, it is clear that the petitioner along with others approached the Debts Recovery Tribunal, Visakhapatnam (for brevity ‘the Tribunal’), and filed appeal against the impugned notice dated 30-10- 2010. Pending consideration of the appeal before the Tribunal, again, on the simple ground that the presiding officer is not available, the petitioner approached this Court and filed the present writ petition invoking extra- ordinary jurisdiction of this Court under Article 226 of the Constitution of India. In view of the same, we declined to exercise our equitable jurisdiction as when there is alternative efficacious remedy available to the petitioner, he cannot invoke the extra-ordinary jurisdiction of this Court. The writ petition is misconceived. 3. Accordingly, the Writ Petition is dismissed. No costs. _____________________________ JUSTICE GHULAM MOHAMMED Dated:26-11-2010 ________________________ JUSTICE N.RAVI SHANKAR kvr