THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE N.RAVI SHANKAR Writ Petition No.30468 OF 2010 07-12-2010 Between: J.B.R. Chakravarthy and another. ……….Petitioner And Syndicate Bank, rep. by its Chairman, Manipal, Udipi District, Karnataka State and others. ………Respondents THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE N.RAVI SHANKAR Writ Petition No.30468 OF 2010 ORDER : (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed to issue a writ of Mandamus declaring the action of the respondents in issuing the auction notice dated 28-10-2010 calling for tenders to sell H.No.25/270 situated at 7th lane, Lakeview Colony, A.K.Nagar, Nellore, as illegal and arbitrary. The petitioners are neither guarantors nor borrowers. The 1st petitioner’s mother has obtained loan from the 1st respondent-bank and he stood as guarantor to his mother and deposited the title deeds of the property mortgaged. Since there is no privity of contract between the petitioners and the bank, and the privity of contract exists only between the mother of the 1st petitioner and bank, and inasmuch as the property is self-acquired property of his father, we are not going into the merits and demerits of the case. However, there is an alternative remedy available to the petitioners as provided under Section 17 of the SARFAECI Act. The Supreme Court also held in its recent judgments that the power of jurisdiction under Article 226 of the Constitution of India shall not be exercised when there is alternative remedy is available to the borrowers under Section 17 of the SARFAECI Act. Accordingly, the writ petition is dismissed. It is open for the petitioners to avail alternative remedy available to them by approaching the Tribunal. There shall be no order as to costs. _____________________________ JUSTICE GHULAM MOHAMMED Dated:07-12-2010 ________________________ JUSTICE N.RAVI SHANKAR kvr