HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE N. RAVI SHANKAR WRIT PETITION NO. 31422 OF 2010 Between: Tumkunta Maheswar ………….Petitioners AND The Andhra Bank and others ………….Respondents HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE N. RAVI SHANKAR WRIT PETITION NO.31422 OF 2010 ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed challenging the action of the respondents 1 and 2 in proposing to put the petitioner’s property for Auction vide publication dated 18- 11-2010 as illegal and arbitrary and contrary to section 13(2) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the Act”) The petitioner states that the 2nd respondent-bank granted house loan of Rs.18,00,000/- on 23.6.2006 and that in the meanwhile he was suspended from service on 7.5.2009 on the allegation of possessing disproportionate assets and that the 3rd respondent authority has seized all his properties. It is the case of the petitioner that nearly an amount nine lakhs were paid to the respondents-Bank and that instalments were paid till May 2009 properly. The respondent-bank issued notice dated 7-10-2010 under section 13(2) of the Act, and the same was received on 21-10-2010 demanding to pay the outstanding amount. The main grievance of the petitioner is that though he approached the Manager of the 2nd respondent bank to give time for actual outstanding amount to be paid, without waiting for the statutory period of 60 days, the bank issued the possession notice under section 13(4) of the Act and put the property for auction by paper publication dated 18.11.2010. Considering the circumstances that the possession notice under section 13(4) was issued within 60 days from the date of receipt of 13(2) notice, the possession notice issued under section 13(4) of the Act is hereby set aside. However, this order does not preclude the authorities from taking recourse as per the provisions of the Act. Subject to above directions, the writ petition is partly allowed. No costs. _______________________ GHULAM MOHAMMED, J ____________________ N. RAVI SHANKAR, J DATE: 22-12-.2010 kk/KA HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE N. RAVI SHANKAR WRIT PETITION N0.31422 OF 2010 22-12-2010