IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.11382 of 2010 Between: Kiran Kumar Garipally ..... PETITIONER(S) AND ICICI Bank Limited, rep. by its Branch Manager, and others .....RESPONDENT(S) THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.11382 of 2010 ORDER: (per HON'BLE SRI JUSTICE GHULAM MOHAMMED) This Writ Petition is filed with a prayer to declare the action of the respondents more particularly of the 2nd respondent in trying to take law into their hands to dispossess the petitioner from the house situated in plot No.82, Survey No.14, admeasuring 233.30 sq. yards situated at Srinagar Colony, Chinnamma Thota, Thirumalghery, Secunderabad Cantonment under the alleged action initiated under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘Act’), as arbitrary, illegal and contrary to the provisions of the Act also to direct the respondents not to dispossess the petitioner from his property or sell the same. Heard the learned counsel for both sides. The learned counsel for the petitioner fairly concedes the position that this Writ Petition is filed without availing the efficacious alternative remedy available to the petitioner under Section 17 of the Act before the Debt Recovery Tribunal and hence is misconceived. He seeks liberty to take appropriate steps and to save limitation. As can be seen from the record, the Writ Petition was filed on 10.05.2010 and notice before admission was ordered on 12.05.2010 and thereafter was adjourned from time to time. Therefore, the Writ Petition is dismissed at the stage of admission, granting liberty to the petitioner to avail all the remedies that are available to him. However, it is made clear that while computing the period of limitation, the time taken by the petitioner for filing the Writ Petition i.e. from 10.05.2010 till receipt of a copy of this order shall be excluded. In the circumstances, there shall be no order as to costs. ___________________________ GHULAM MOHAMMED, J. ____________________ G.CHANDRAIAH, J. 21st July 2010 CVRK Note: Issue copy tomorrow. B/o CVRK