HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE K.G. SHANKAR W.P. No. 20396 of 2011 DATED: 20.07.2011 Between: V. Vijayalakshmi .. Petitioner And M/s.Indian Overseas Bank and three others .. Respondents O R D E R:- The assertion of the petitioner is that the 4th respondent borrowed a term loan of Rs.8,51,838/- and cash credit of Rs.2,04,376/- on 08.07.2009 from the 1st respondent-Indian Overseas Bank and the 3rd respondent, who is the brother of the 4th respondent, has given collateral security of his residential property situated at Yapral village, Alwal Municipality to avoid any action under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity “the SARFAESI Act), and the petitioner stood as guarantor. While so, the 1st respondent issued a letter dated 15.02.2011 directing the petitioner to make immediate payment of the over-dues, which are to be classified as Non-Performing Asset (N.P.A.), on or before 28.02.2011 to avoid unpleasant action. Now, the petitioner’s grievance is that the 1st respondent, instead of recovering the loan amount from her in accordance with the provisions of the SARFAESI Act, is harassing and threatening her and the members of her family by adopting unlawful and illegal methods with the help of the 3rd and 4th respondents. Hence, the petitioner has filed the present writ petition seeking appropriate directions. Heard the learned counsel for the petitioner and perused the material placed on record. It is to be noticed that measures for recovery of the loan have to be taken as contemplated under Section 13(4) of the SARFAESI Act, and the cause of action arises only after such statutory measures are taken, but it appears that the 1st respondent-Bank has not taken any measures in accordance with law and further the 1st respondent has classified the loan as Non-Performing Asset. In the circumstances, we deem it appropriate to dispose of the writ petition with the following directions: The petitioner, if so aggrieved by the action of the 1st respondent-Bank, is directed to submit a representation to the Bank, in which event, the 1st respondent-Bank shall consider it and pass appropriate orders thereon, in accordance with law, and then take necessary action therewith. Accordingly, the writ petition is disposed of. No order as to costs. _____________________ GHULAM MOHAMMED, J 20.07.2011 _______________ K.G. SHANKAR, J bcj