IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION NO : 24974 of 2009 Between: Ravindranath Vaddi & Another ..... PETITIONERS AND Indiabulls Housing Finance Ltd., Rep. by its Authorised Officer, Having its regd. Office at F-60, Malhotra Building, II Floor, Connaught Place, New Delhi. .....RESPONDENT The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION No. 24974 OF 2009 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) This writ petition is filed by the borrowers-petitioners challenging the possession notice issued by the respondent-Financial Institution under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘Act’), dated 25.7.2009 as arbitrary and illegal. Admittedly, as against the possession notice issued under Section 13(4) of the Act, a statutory appeal lies to the Debts Recovery Tribunal under Section 17 of the Act. Therefore, having regard to the effective alternative remedy available to the petitioners, the present writ petition cannot be entertained. Since the writ petition itself was filed on 16.11.2009 i.e. after the lapse of limitation period for filing the appeal, learned counsel for the petitioners contends that some time may be granted for filing the appeal with a direction to the Tribunal to entertain the appeal. It is now fairly well settled that Article 227 of Constitution of India cannot be misused for condonation of delay unless sufficient cause is shown. It is the discretion of the appellate authority to condone the delay on petitioners showing the sufficient cause. Accordingly, the writ petition is dismissed granting liberty to the petitioners to avail the alternative remedy available to them under law. No order as to costs. _________________ (A. GOPAL REDDY, J.) ____________________ (SAMUDRALA GOVINDARAJULU, J.) DECEMBER 01, 2009 TSR