HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.18818 of 2009 Dated: 03-09-2010 Between: S.Vamsi Krishna …Petitioner AND State Bank of India, Rep. by its Authorised Officer, Vedayapalem Branch, Nellore District. Respondent. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.18818 of 2009 ORDER: (Per Hon’ble Sri Justice A.Gopal Reddy) This writ petition is filed questioning the notice issued by the respondent-Bank under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘Act’), dated 24.2.2009 as arbitrary and illegal. On 30.8.2010 the case was called and passed over. In the meanwhile, an identical matter in W.P.No.21425 of 2010 filed by the very same advocate was dismissed. Later, when the present case was taken up for hearing, there was no representation. The counsel appearing on behalf of the respondent-Bank filed a counter affidavit stating that the notice contemplated under Section 13(4) of the Act has also been issued. Therefore, the matter was directed to be posted on 01.09.2010. On 02.09.2010 as there was no representation, it was directed to be posted under the caption ‘for dismissal’ today. In spite of the same, it appears that the learned counsel for the petitioner is absent with a view to avoid this Bench. Inasmuch as notice under Section 13(4) of the Act has already been issued, the remedy of the petitioner, if any, is only to avail the appellate remedy as held by this Bench in W.P.No.21425 of 2010. The Writ Petition is accordingly dismissed granting liberty to the petitioner to avail the appellate remedy available to him under Section 17 of the Act. No order as to costs. ________________ A. GOPAL REDDY, J. __________________ SEPTEMBER 03, 2010 K.C. BHANU, J. Tsr.