IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE NOUSHAD ALI WRIT PETITION NO : 12037 of 2009 Between: K.Naveen Bharath & Another ..... PETITIONERS AND Union Bank of India, Rep. by its Authorised Officer, Khairatabad Branch, Pavani Plaza, Ground Floor, Khairatabad, Hyderabad. .....RESPONDENT The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No. 12037 OF 2009 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) The only ground on which, the petitioners seek to invoke the jurisdiction of this Court under Article 226 of Constitution of India against the issuance of notice issued by the respondent-Bank under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘Act’) is that the prior notice contemplated under Section 13(2) of the Act has not been issued before issuing the notice under Section 13(4) of the Act, dated 23.5.2009. Petitioners are always at liberty to file a statutory appeal as against the impugned notice issued under Section 13(4) of the Act and can allege that the said notice has been issued without following the mandatory provision namely, issuance of notice under Section 13(2) of the Act and that the Tribunal can decide the said aspect on the basis of the evidence adduced by the parties. In view of the effective alternative remedy available to the petitioners, the present writ petition is liable to be dismissed. Accordingly, the writ petition is dismissed granting liberty to the petitioners to avail the alternative remedy of appeal before the Debts Recovery Tribunal within a period of four weeks from today. The petitioners can also seek waiver of the amount already deposited pursuant to the interim order passed by this Court on 22.6.2009. The interim stay granted by this Court shall be in operation for a period of four weeks from today. No order as to costs. _________________ (A. GOPAL REDDY, J.) _________________ (NOUSHAD ALI, J.) DECEMBER 21, 2009 TSR