THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE N.RAVI SHANKAR Writ Petition No.30386 OF 2010 07-12-2010 Between: P.Venkateswarlu ……….Petitioner And Andhra Bank, rep. by its Chariman, Saifabad, Hyderabad and othes. ………Respondents THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE N.RAVI SHANKAR Writ Petition No.30386 OF 2010 ORDER : (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is misconceived. There is no cause of action for the petitioner. The petitioner, who is a borrower, seeks Mandamus declaring the action of the respondents, particularly, the 3rd respondent in issuing notice dated 11-10-2010 under Section 13 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity ‘SARFAECI Act’) as arbitrary and illegal. 2. Under Section 13 (2) of the SARFAECI Act, the bank is empowered to issue notice asking the borrower to repay the loan amount within 60 days. But this does not give raise to a cause of action for the petitioner to file the writ petition. Unless the measures are taken under Section 13 (2) of the SARFAECI Act, there is no cause of action for the petitioner. The writ petition is pre-matured and the same is liable to be dismissed. When the measures are taken by the respondent-authorities against the petitioner under Section 13 (2) of the SARFAECI Act, he is at liberty to approach the appropriate forum. 4. Accordingly, the writ petition is dismissed. There shall be no order as to costs. _____________________________ JUSTICE GHULAM MOHAMMED Dated:07-12-2010 ________________________ JUSTICE N.RAVI SHANKAR kvr