HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE N. RAVI SHANKAR WRIT PETITION NO. 31802 OF 2010 Between: M. Narendrakumar Goud ………….Petitioner AND ICICI Bank Limited represented by its authorized signatory, Hyderabad and two others ………….Respondents ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) Challenging the action of the respondents in issuing notice dated 3.6.2010 under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the SRFAESI Act”), the present Writ Petition is filed. The petitioner is a tenant who has occupied the premises bearing Flat No. 302 , 3rd floor, NJR Vyasnavi Capital, H.No. 3-5-1105, 1106 and 1111, Narayanaguda, Hyderabad on monthly rent of Rs. 12,000/-. While so, he received a notice under Section 13(2) of the SRFAESI Act figured him as 4th party in the proceedings along with other three persons calling upon him to pay a sum of Rs. 44,44,991/- within a period sixty days. Aggrieved by the same, the present Writ Petition is filed. The main grievance of the petitioner is that the notice issued under Section 13(2) of the SRFAESI Act against the petitioner without specifying his relation with the borrower in the notice and claiming his joint and several liability is illegal and arbitrary. Under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, any aggrieved person can file an appeal before the Debts Recovery Tribunal. Section 17 of the Act reads as under: “Right to appeal: (1) Any person (including borrower), aggrieved by any of the measures referred to in sub- section (4) of Section 13 taken by the secured creditor or his authorised officer under this Chapter, may prefer an appeal to the Debts Recovery Tribunal having jurisdiction in the matter within forty-five days from the date on which such measures had been taken. (2) Where an appeal is preferred by a borrower, such appeal shall not be entertained by the Debts Recovery Tribunal unless the borrower has deposited with the Debts Recovery Tribunal seventy five percent of the amount claimed in the notice referred to in sub-section (2) of Section 13: Provided that the Debts Recovery Tribunal may, for reasons to be recorded in writing, waive or reduce the amount to be deposited under this section. (3) Save as otherwise provided in this Act, the Debts Recovery Tribunal shall, as far s may be, dispose of the appeal in accordance with the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993) and rules made thereunder.” Heard the learned counsel appearing for both sides and also perused the material made available on record. This Writ Petition is misconceived inasmuch as according to the petitioner herein he is neither guarantor nor borrower. He is a tenant and taken the premises in question on lease from P. Prabakar on monthly rent of Rs. 12,000/-. Be that as it may, the Supreme Court in SLP (c ) No. 10145 of 2010 dated 26th July 2010 at paragraph 27 of the judgment observed as under: “27. It is a matter of serious concern that despite repeated pronouncement of this Court, the High Courts continue to ignore the availability of statutory remedies under the DRT Act and SRFAESI Act and exercise jurisdiction under Article 226 for passing orders which have serious adverse impact on the right of banks and other financial institutions to recover their dues. We hope and trust that in future the High Courts will exercise their discretion in such matters with greater caution, care and circumspection.” In view of the facts and circumstances of the case and also in view of the above observation of the Supreme Court in SLP (C ) No. 10145 of 2010, this Writ Petition is liable to be dismissed. Accordingly, the Writ Petition is dismissed. However, the petitioner is at liberty to approach the Debts Recovery Tribunal, Hyderabad. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J _______________________ N. RAVI SHANKAR, J DATE: 27.12.2010 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.