THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE G. CHANDRAIAH W.P.No.14374 of 2010 ORDER: (Per Sri Justice Ghulam Mohammed, J) This writ petition is filed seeking a writ of mandamus to declare the action of respondent-Bank in classifying the loan account of the petitioner as ‘non-performance asset’ and issuing notice, dated 17.04.2010, under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the Act’), as illegal and arbitrary. 2. The brief facts of the case are that the petitioner availed credit facility for an amount of Rs.5,00,000/- from the respondent Bank by mortgaging his immovable properties in the month of June, 2006. Subsequently, he paid an amount of Rs.3,00,000/- on different dates up to January, 2010 and also paid an amount of Rs.1,00,000/- on 18.01.2010. While so, the respondent Bank has classified the debt as ‘non-performing asset’ and issued the notice impugned to the petitioner demanding to pay the outstanding amount of Rs.5,75,253/- as on 17.04.2010. The grievance of the petitioner is that the respondent Bank, without giving credit to the amounts paid by him on different dates, issued the said notice for payment of the entire amount showing as outstanding amount, which is illegal and arbitrary. Though he submitted the payment receipts, the respondent Bank has not considered the same. Hence, he filed the present writ petition. 3. Heard the learned counsel for the petitioner and the learned Standing Counsel for respondent Bank. 4. Inasmuch as this wit petition is filed against the demand notice, dated 17.04.2010, demanding the petitioner to pay the outstanding amount of Rs.5,75,253/-, the writ petition is premature as the petitioner can submit his reply to the said notice. In view of the same, the petitioner is directed to submit his reply to the said notice stating that he has already paid certain amounts and enclosing the necessary documents, within a period of one week from the date of receipt of a copy of this order and the respondent Bank after taking into consideration the reply filed by the petitioner and the documents enclosed thereto shall pass a reasoned order in accordance with law, within three months thereafter. 5. With the above observation, the Writ Petition is disposed of. No order as to costs. ______________________ GHULAM MOHAMMED, J _________________ G. CHANDRAIAH, J Date:23.06.2010 sj