IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION NO : 18718 of 2009 Between: Singireddy Raj Reddy ..... PETITIONER AND The Authorised Officer, Union Bank of India, Opp:Aslam Mosque, D.No.4-2-131, Karimnagar, Karimnagar District & Another. .....RESPONDENTS The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION No. 18718 OF 2009 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) Petitioner, who availed loan from the respondent-Bank by creating equitable mortgage over its property by depositing of original title deeds failed to pay the instalments and therefore, his account was classified as non-performing asset and thereby a notice contemplated under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘Act’) was issued on 25.10.2008. According to the respondent- Bank, as there was no response, the petitioner was also issued with notice under Section 13(4) of the Act on 28.2.2009. Whereas, the petitioner contends that he made a representation under Section 13(3) of the Act to the respondent-Bank stating that the notice issued by the Bank did not contain the details of the amounts payable by him and that as on the date of the said notice, he is not liable to pay any amount, but without disposing of the said representation, the respondent-Bank issued possession notice under Section 13(4) of the Act demanding him to surrender the land secured to the Bank. Since the amount as demanded by the Bank has not been paid, sale notice was published in Sakshi Telugu Daily Newspaper, Karimnagar Edition on 16.8.2009 for sale of the mortgaged property. Therefore, the petitioner filed the present writ petition challenging the notices under Sections 13(2) and 13(4) of the Act and also the sale notice published on 16.8.2009. The respondent-Bank in its counter denied about making of any representation to it under Section 13(3) of the Act as contended by the petitioner and stated that on issuing final notice under Section 13(4) of the Act, the petitioner paid a sum of Rs.3.15 lakhs before filing the writ petition and pursuant to the interim order passed on 8.9.2009 in the writ petition, he paid another sum of Rs.50,000/- on 9.9.2009 and the balance of Rs.2,69,035.31 ps. and interest accrued thereon from 1.9.2008 is still payable by the petitioner. Inasmuch as the averment made by the respondent-Bank in its counter that there was no response from the petitioner pursuant to the notice under Section 13(2) of the Act has not been denied by filing any reply and that the copy of representation said to have been made by the petitioner under Section 13(3) of the Act has also not been filed along with the writ petition, we presume that no such representation has been made by the petitioner objecting to the notice issued under Section 13(2) of the Act. Against any order passed under Section 13(4) of the Act and the auction notice issued under the Act, the petitioner has alternative remedy of appeal to the Debts Recovery Tribunal under Section 17 of the Act and without exhausting such remedy, he cannot maintain the present writ petition. Since the respondent-Bank in its counter accepted that on issuing notices, certain amounts were paid by the petitioner as referred to above, we direct the petitioner to approach the Bank within four weeks from today either for rescheduling of the loan amount or for grant of instalments for payment of the balance amount and that the Bank shall consider the same and pass appropriate orders. If the petitioner disputes the amounts shown in the sale notice, he is at liberty to file an appeal before the appellate authority and can agitate the correctness of the impugned proceedings/notices. With the above observations, the writ petition is dismissed. There shall be no order as to costs. _________________ (A. GOPAL REDDY, J.) ____________________ (SAMUDRALA GOVINDARAJULU, J.) NOVEMBER 06, 2009 TSR