THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION No.7995 of 2011 Between: P. Uday Kumar ..... PETITIONER(S) AND .....RESPONDENT(S) THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION No.7995 of 2011 ORDER: (per HON'BLE SRI JUSTICE GHULAM MOHAMMED) 1) This writ petition has been filed challenging the order dated 23-2-2011 in dismissing I.A.No.01/2011 in DRC No.21 of 2008 in OA No.323 of 1998 by the 1st respondent contrary to the provisions of the Recovery of Debts due to Banks and Financial Institutions, 1993 ( for short “the Act”). 2) The petitioner is authorized representative of borrowers and guarantors. The petitioner claims that he has written a letter to the respondent Nos.1 and 2 stating that the agriculture properties were the only means of survival of future life, therefore they are ready to take back the properties for highest bid price received in the public auction dated 15-12-2010 and that an opportunity to be given to the petitioners in the interest of justice. It is represented by the learned Standing Counsel for the respondent-Bank that though the application has been filed within thirty days from the date of sale, no payment as contemplated under Rule 60 of II Schedule to the Income Tax Act, 1961 has been made by the petitioner and therefore the impugned order was passed. Admittedly, as per Section 30 of the Act, an appeal lies against the order of the recovery officer. 3) In the circumstances, without going into merits or otherwise of the matter this writ petition is dismissed giving liberty to the petitioner to approach the appellate forum as per law. No costs. ______________________ GHULAM MOHAMMED, J. __________________ KK/28-3-201 K.G.SHANKER, J. THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION No.7995 of 2011 28-3-2011