IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON'BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION NO. 262 OF 2011 BETWEEN Reena Sunder Karamchandani ... PETITIONER AND The HDFC Bank, Ranigunj, Secunderabad and Another ...RESPONDENTS THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON'BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION NO. 262 OF 2011 ORDER: (As per Hon’ble Sri Justice Gulam Mohammed) This writ petition is filed seeking Mandamus declaring its order dated 22-11-2010 passed in Crl.M.P.No.3384 of 2010 by the Chief Metropolitan Magistrate-cum-II Additional Chief Metropolitan Magistrate, Hyderabad, filed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act) as being arbitrary and illegal and to set aside the same. 2. The brief facts of the case are that the petitioner’s husband obtained a loan from each of the respondents-banks and while paying instalments regularly, he died in an accident. On coming to know about his death, the 1st and 2nd respondents-banks issued notices under Section 13(2) of the SARFAESI Act in the name of her husband and herself stating that their house was mortgaged while sanctioning loan and since the petitioner stood as guarantor to her husband, the respondents demanded her to pay an amount of Rs.52,21,487.83 and Rs.46,54,867/- respectively, within 60 days from the date of receipt of notice. The petitioner on receipt of the same, gave a reply stating that she has not signed on any document and requested them to furnish the copies of loan transactions, but the respondents, without responding to her reply, are intending to proceed with the matter and seeking an order for taking possession of the properties under Section 14 of the said Act. 3. This Court while ordering notice before admission by order dated 12-01-2011, while granting interim suspension of order dated 22-11- 2010 directed the petitioner to pay 1/3rd of the outstanding loan amount, within a period of six weeks from the date of issue of the order and in default, to pay the interim suspension order stands vacated. It is however stated that the petitioner is going to pay amounts as directed and therefore sought for extension of time. 4. Having regard to the facts and circumstances of the case, time is extended by ten days to pay 1/3rd of the amount as directed by this Court earlier, with regard to balance amount, the petitioner to negotiate with the respondents as to amount payable to them. 5. It is also made clear that if any representation is made by the petitioner in this regard, the respondents-banks shall consider and pass appropriate orders in accordance with law within ten days. In case of default of payment by the petitioner, the respondents-banks are at liberty to proceed against the petitioner in accordance with law. 6. The writ petition is disposed of accordingly. No costs ___________________ GHULAM MOHAMMED, J _______________ K.G. SHANKAR, J February 28, 2011 SP/KVR Note: Issue CC in two days B/o SP/KVR THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON'BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION NO. 262 OF 2011 Dated : February 28, 2011 SP/KVR