THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 19628 of 2003 ORDER: (Per the Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed by the petitioner seeking a direction in the nature of writ of mandamus to declare the impugned notice issued by the 1st respondent-Bank dated 17.1.2003 and the consequential notice dated 9.8.2003 issued in the paper under section 13 (4) including the provisions of section 13 and 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Interest Act 2002 as illegal and arbitrary and consequently, set aside the impugned notices and strike down the provisions of section 13 and 17 of the Act. The grievance of the petitioner is that he has availed housing loan of Rs.4 lakhs from the 1st respondent for the purpose of purchase of a flat and his wife stood as a co obligant and he has been regularly paying the installments and subsequently, he could not pay the installments due to domestic turmoil and he brought the said fact to the notice of the 1st respondent-bank by a letter dated 29.11.2002 and in spite of that, in pursuance of the notice impugned herein, the respondent initiated proceedings under section 13 (4) of the Act and took possession of the flat and issued a paper notification dated 9.8.2003 to that effect and the 1st respondent-bank is trying to create third party interest by disposing the property. Therefore, he seeks to declare the action of the 1st respondent as illegal and arbitrary. At this stage, it is brought to the notice of this Court that an alternative remedy of appeal is available to the petitioner under section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Interest Act 2002. But, without availing the alternative remedy available under the provisions of the Act, the petitioner has directly approached this Court. In this view of the matter coupled with the facts and circumstances of the case, without expressing any opinion on the merits of the case, we feel it just and proper to give liberty to the petitioner to avail the alternative remedy of appeal under the provisions of section 17 of the Act within a period of one (1) month from today. On filing such a statutory appeal, the authority concerned shall entertain and dispose of the same in accordance with law without referring to the plea of limitation. Subject to the above observation, this writ petition is disposed of. ___________________________ Justice Ghulam Mohammed ________________________________ Justice Nooty Ramamohana Rao Dated: 6.8.2009 Gurc. THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 19628 of 2003 (Order of the Division Bench delivered by the Hon’ble Sri Justice Ghulam Mohammed) 06.08.2009