HONOURABLE SRI JUSTICE A. GOPAL REDDY AND HONOURABLE SRI JUSTICE K.C. BHANU. WRIT PETITION No. 21241 OF 2010. DATED 30TH AUGUST, 2010. Between Sri Subhash Chandra Gupta and ors …..Petitioner And M/s. Karnataka State Financial Corporation, Rep. By its Asst. General Manager (Recovery.I) Bangalore and ors. …..Respondents. HONOURABLE SRI JUSTICE A. GOPAL REDDY AND HONOURABLE SRI JUSTICE K.C. BHANU. WRIT PETITION No. 21241 OF 2010. ORDER: ( Per Hon’ble Sri Justice A. Gopal Reddy) Questioning the action of the ﬁrst respondent in issuing the proceedings dated 5.8.2010 under Section 13(4) of the Securitisation and Reconstruction of ﬁnancial Assets and Enforcement of Security Interest Act, 2002( for short ‘SARFAESI Act’) and publication of the consequential proceedings dated 6.8.2010 thereon, the present Writ Petition is filed. Heard the learned Counsel for the petitioner. Perused the material on record. The Apex Court in the case of United Bank of India Vs. Satyawathi Tandon and others arising out of SLP (C) No. 10145 of 2010, held that if any person had any tangible grievance against the notice issued under Section 13(4) or action taken under Section 14 of the SARFAESI Act, then the aggrieved person has to avail remedy by ﬁling an application under Section 17(1) of the SARFAESI Act. It was further observed that the expression ‘any person’ used in Section 17(1) is of wide import and it takes within its fold, not only the borrower but also guarantor or any other person who may be aﬀected by the action taken under Section 13(4) or Section 14 of the SARFAESI Act’. In view of the aforesaid decision of the Apex Court, this Writ Petition cannot be entertained unless and until the appropriate alternative remedy available under Section 17(1) of the SARFAESI Act’ is exhausted. However, after arguing for some time, the learned Counsel for the petitioners seeks permission to withdraw the Writ Petition with liberty to avail appropriate remedy under law. Permission is accorded. The Writ Petition is dismissed as withdrawn, with liberty to avail appropriate legal remedy under law. No order as to costs. ------------------------------------------ JUSTICE A. GOPAL REDDY --------------------------------- JUSTICE K.C. BHANU 30T H AUGUST, 2010. Msnr.