THE HON’BLE SRI JUISTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE K.G.SHANKAR W.P.NO.2403 OF 2011 ORDER: ( Per GM,J) This writ petition is filed seeking Certiorari to call for the records pertaining to the Possession Notice dated 15- 02-2010 and also the consequential notice of auction/sale dated 29-12-2010 issued by the 1st respondent-Bank and to quash the same as illegal and arbitrary. The brief facts of the case are that 1st petitioner herein is the father, 2nd petitioner and 3rd respondent are his sons. As 3rd respondent being eldest member of the family, 1st petitioner purchased the schedule properties in the name of 3rd respondent. Thereafter, the petitioners came to know that 3rd respondent is trying to alienate the joint family properties to third parties. Hence, the petitioners issued a legal notice on 15-11-2010 to 3rd respondent, who received the same. The petitioners also filed suit being O.S.No.19 of 2011 on the file of II Additional Chief Judge, City Civil Court, Hyderabad and obtained stay not to alienate the schedule property including the property situated in Hyderabad. Thereafter, in the month of January, 2011, they came to know that the schedule property put for sale by 1st respondent-Bank by issuing paper publication. The 3rd respondent has no right over the schedule property, as it was absolute and exclusive property of the petitioners herein. Therefore, the schedule property cannot be brought for sale under the provisions of the Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI’ Act). Subsequently, by the impugned notice dated 29-12- 2010, 1st respondent brought the schedule property for sale invoking the provisions of SARFAESI Act for taking possessing of the same. The petitioners have no liability to pay the amount as allegedly due by 3rd respondent. Further, they have never served with any notice despite being the owners of the properties and now auction is fixed on 9-2-2011. The petitioners filed S.A.No.22 of 2011 along with I.A.No.102 of 2011 before the Debts Recovery Tribunal, Hyderabad and that the Tribunal vide order dated 3-2-2011 dismissed the interlocutory application on the ground that the petitioners have no locus standi to file the appeal under Section 17 of the SARFAESI Act. Hence, the writ petition. Heard the leaned counsel appearing for the petitioners and the respondents. A perusal of the record goes to show that the petitioners had already approached the Debts Recovery Tribunal by filing S.A.No.22 of 2011. Further, I.A.No.102 of 2011 filed by them was dismissed on ground that the petitioners have no locus standi to file the appeal, as they have not established their ownership. It appears the first respondent-Bank has fixed the auction of the properties on 9-2-2011. Having regard to the facts and circumstances of the case and in view of the fact that the Bank has fixed the date for auctioning the properties, We deem it appropriate to dispose of the writ petition at the admission stage with the following direction: The petitioners are directed to deposit an amount of Rs.3,00,000/-( Rupees three lakhs only) with the Bank within a period of six weeks from today. On such deposit, the Bank shall proceed with the auction, but not confirm the auction till SA No.22 of 2011 is disposed of by the Debts Recovery Tribunal. The Debts Recovery Tribunal is directed to dispose of the said SA as expeditiously as possible, preferably, within a period of four weeks from the date of receipt of a copy of this order. _________________________ GHULAM MOHAMMED,J ________________ K.G.SHANKAR,J Rkk Dated: 7-2-2011