IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.6548 of 2009 Between: Smt. Kilaru Sulochana W/o. Kilaru Jogindran Narayana Prasad R/o. Door No. 29-18-3, Dasuvari Street, Suryaraopet, Vijayawada, Krishna District. ..... PETITIONER AND 1 The A.P. State Financial Corporation 25-8-1, Korukonda Road, Jaykrishnapuram Rajahmundry-533 105, Rep. by its Senior Branch Manager. 2 The Assistant Manager, A.M. & BIFR, Authorized Officer, A.P. State Financial Corporation 5-9-194, Chirag Ali Lane, Hyderabad. 3 The General Manager, A.M. & BIFR, Authorized Officer, A.P. State Financial Corporation 5-9-194, Chirag Ali Lane, Hyderabad. 4 The Mangaing Director APSFC, 5-9-194, Chirag Ali Lane, Hyderabad. 5 M/s. Vensa Bio Tech Ltd., Rep. by its Managing Director G. Rangampet, Peddapuram (M) East Godavari District. 6 Dr. B. Ravindranath S/o. Venkata Raju D.No. 16-1-37B, Kothuru Samarlakota, East Godavari District. 7 M. Ravi Kumar S/o. Late Dr. Tilak D.No. 23A-6-6/1, Ramachandra Rao pet Near Lord Venkateswara Swamy Temple, Eluru, West Godavari District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in proceeding to recover the alleged outstanding arrears of the 5th Respondent from the properties of the petitioner invoking power under securitization and Reconstruction of Financial Assets and Enforcement of Security interest Act 2002 by the impugned Notice dt. 4-11-2008 as illegal, arbitrary without authority of law and jurisdiction and set aside the same and restrain the respondents 1 to 4 from proceeding as against the Immovable property of the petitioner of about 5687 sq. yards land with godowns constructed therein situated at Sy.No. 230/3 Door No. 7-3 Kamaiahthopu, Bandar Road, Kanuru Village, Penamaluru Mandal, Krishna District for recovery of the alleged outstanding loan amount of the 5th Respondent and pass Counsel for the Petitioner:MR.BHASKAR REDDY VEMIREDDY Counsel for the Respondent No.: M.S.RAMCHANDRA RAO(SC FOR A.P.S.F.C) The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.6548 of 2009 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) Heard the learned counsel for the petitioner as well as the learned counsel for R-1 to R-4. The 5th respondent, who is the principal borrower, obtained a loan of Rs.158.89 lakhs during the year 2003 and Rs.36.60 lakhs during the year 2004 from the respondent Corporation under three Account Nos.55848915, 55848923 and 55848931 respectively. The petitioner offered her immovable property admeasuring 5687 sq. yards of land with godowns therein in Sy.No.230/3, situated at Door No.7-3, Kamaiahthopu, Bandar Road, Kanuru Village, Penamaluru Mandal, Krishna District, as collateral security for the loans advanced by the respondent Corporation to the 5th respondent under Account Nos.55848915 and 55848923 respectively. As the 5th respondent-principal borrower failed to pay the instalment amounts, the respondent Corporation invoked the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “SARFAESI Act”) and issued notice, dated 04-11-2008, under Section 13(2) of the SARFAESI Act, for which, the petitioner submitted her representation dated 20-11-2008, requesting to furnish certain information and thereafter there was exchange of correspondence between the petitioner and the respondent Corporation. Ultimately, learned counsel for the petitioner submits that the required information has not been furnished so far. Learned counsel for the respondents submits that the required information has already been furnished to the petitioner and certain information, which was not required to be furnished had been left out. We are of the opinion that the petitioner is entitled to file her objections to the notice issued under Section 13(2) of the SARFAESI Act and to enable her to file such objections, the information required by the petitioner has to be furnished by the respondent Corporation. Having regard to the facts and circumstances of the case, without going into the controversy or the allegations and the counter allegations, we dispose of the writ petition permitting the petitioner to make a fresh representation to the respondent Corporation asking for the required information, within two weeks from the date of receipt of a copy of this order. After furnishing of such information, the petitioner shall file her objections within two weeks thereafter. If any such objections are filed, the respondent Corporation may pass appropriate orders as contemplated under Section 13(3A) of the SARFAESI Act. There shall be no order as to costs. ________________ V.ESWARAIAH, J __________________ SANJAY KUMAR, J Date : 30-03-2009 Note: Issue C.C. in two days (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{VSMI}