THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE N.R.L. NAGESWARA RAO WRIT PETITION NO : 15802 of 2011 Order: (Per Sri Hon’ble Sri Justice Ghulam Mohammed) The petitioner, who is an auction purchaser filed the present writ petition assailing the auction conducted by the respondents on 10.3.2011. According to the petitioner, he has participated in the auction which was held on 10.3.2011 and became the highest bidder. Pursuant to the same, he has deposited a sum of Rs. 9,33,000/- representing 25% of the bid amount and obtained xerox copies of the documents pertaining to the property in question from the 1st respondent-bank for verification. However, on verification of the documents, he found that the documents are not genuine and that a charge was also created in favour of Syndicate Bank in respect of the said property. Therefore, he made a representation to the respondent-bank for refund of the amount of Rs.9,33,000/-, which was paid by him. The request of the petitioner was turned down by the respondent-bank and it directed the petitioner to pay the remaining bid amount. The respondent-bank is also initiating steps for taking possession of the property by forfeiting the 25% bid amount, which was paid by him. Hence, he filed the present writ petition. The question as to whether the documents pertaining to the subject property are genuine or not and whether the sale is valid or not cannot be adjudicated by this Court while exercising the writ jurisdiction. However, taking into consideration the facts and circumstances of the case, we feel it appropriate to direct the petitioner to avail the remedy of appeal as provided under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 before the Debts Recovery Tribunal or approach the competent Civil Court for recovery of the amount. The writ petition is accordingly dismissed. No costs. ________________________ GHULAM MOHAMMED,J DATE: 13th June, 2011 ___________________________ N.R.L. NAGESWARA RAO,J pnb