THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE K.C.BHANU Writ Petition No.20574 of 2010 Date: 31-8-2010 Between S.Vishnu & others … Petitioner and Vijaya Bank, Asset Recvoery Management Branch, Rep. by its Chief Manager, Babukhan Estate, 105, I Floor, Basheerbagh, Hyderabad & Another. … Respondents This Court made the following: THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE K.C.BHANU Writ Petition No.20574 of 2010 Order: This writ is filed challenging the auction sale notice, dated 20.8.2010 resorted to by the second respondent-Bank. On 30.8.2010 there was no representation on behalf of the petitioners when the case was taken up for hearing. Even today, though the matter is posted for dismissal, there is no representation. The petitioners have not chosen to challenge the possessory notice issued by the Bank on 26.6.2010 under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘Act’) except stating that the petitioners requested the respondents-Bank to give one month time to repay the entire loan amount on 19.7.2010. Even that one-month time has also been expired. Learned counsel for the respondents-Bank submits that the auction scheduled to be held on 20.8.2010 has been postponed for want of bidders. Be that as it may, the petitioners will have a remedy of appeal against the order passed under Section 13(4) of the Act and also the consequential auction notice. The present writ petition cannot be entertained without exhausting the alternative remedy available to the petitioners. The writ petition is accordingly dismissed. No costs. _____________________ JUSTICE A.GOPAL REDDY ___________________ JUSTICE K.C. BHANU AUGUST 31, 2010. Tsr