HONOURABLE SRI JUSTICE VILAS V.AFZUL PURKAR WRIT PETITION No.25352 of 2011 Dt:- 20.12.2011 Between:- Paladugu Sujanamma … Petitioner and ICICI Bank Limited and another … Respondents This Court made the following:- HONOURABLE SRI JUSTICE VILAS V.AFZUL PURKAR WRIT PETITION No.25352 of 2011 ORDER: - Nobody appears for the petitioner today also though it is listed in the caption for judgment. Learned counsel for the 1st respondent-Bank is present and he submits that the petitioner is neither borrower nor guarantor and she is in no way connected with the recovery of loan by the 1st respondent against the 2nd respondent. The affidavit filed in support of the writ petition itself shows that the petitioner only claims relation with the 2nd respondent and admittedly the 2nd respondent is the borrower who has secured the said loan by mortgaging a portion of the house property. The 1st respondent is seeking to recover the loan amount and it has issued a notice, dated 14.07.2011, to the 2nd respondent and while the said recovery proceedings are pending, the present writ petition is filed by the petitioner seeking a writ of Mandamus to recall the loan amount and compel the 1st respondent to accept the instalments as per the schedule E.M.I. The 1st respondent Bank has already filed a counter affidavit justifying that its actions are clearly in terms of the SARFAESI Act and that the writ petitioner has neither locus nor any interest. I find substance in the contention advanced by the learned counsel for the 1st respondent that as the petitioner is neither a borrower nor a guarantor, she is not in any way concerned with the notice issued by the 1st respondent. The Writ Petition is, therefore, clearly misconceived and is liable to be dismissed. The Writ Petition is, accordingly, dismissed. There shall be no order as to costs. ____________________________ VILAS V. AFZULPURKAR, J 20.12.2011 lmv HONOURABLE SRI JUSTICE VILAS V.AFZUL PURKAR WRIT PETITION No.25352 of 2011 20.12.2011 lmv