IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD Special Original Jurisdiction) PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE KG SHANKAR WRIT PETITION NO:8510 OF 2010 DATED:9-2-2011 Between: M/s.Sri Mata Service Station ..... PETITIONER AND State Bank of Iinda & another .....RESPONDENTS THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE KG SHANKAR WRIT PETITION No.8510 OF 2010 ORDER:: ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is filed seeking to issue a writ of mandamus declaring the auction notice dated 8-3-2010 issued by the 1st respondent –bank by way of paper publication, under the provisions of the SARFAESI Act for the sale of the mortgaged property in question, as being illegal, arbitrary and contrary to the provisions of the Act and consequently direct the respondents to drop the proceedings in the interests of justice. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondent-bank. 3. It is represented by the learned counsel for the respondent-bank that this Court by order dated 18-8-2010 granted interim stay subject to condition that the petitioner depositing certain amounts, but the petitioner has not complied the conditional order dated 18-8-2010 4. Having regard to the facts and circumstances of the case, since there is an efficacious alternative remedy of filing an appeal under Section 17 of the Act, without going into the merits or otherwise of the matter, we reserve liberty to the petitioner to approach the Tribunal and avail the remedy of appeal under Section 17 of the Act, if so advised. That apart, the Hon’ble Supreme Court in SLP (c ) No. 10145 of 2010, dated 26th July 2010 at paragraph 27 of the judgment observed as under: “27. It is a matter of serious concern that despite repeated pronouncement of this Court, the High Courts continue to ignore the availability of statutory remedies under the DRT Act and SRFAESI Act and exercise jurisdiction under Article 226 for passing orders which have serious adverse impact on the right of banks and other financial institutions to recover their dues. We hope and trust that in future the High Courts will exercise their discretion in such matters with greater caution, care and circumspection.” 5. In the these circumstances, the writ petition fails and it is accordingly dismissed. No costs. ___________________________ GHULAM MOHAMMED, J _____________________ KG SHANKAR,J Dated 9-2-2011 Nrg THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE KG SHANKAR WRIT PETITION No.8510 OF 2010 ORDER:: ( per Hon’ble Sri Justice Ghulam Mohammed ) Dated 9-2-2011