HONOURABLE SRI JUSTICE A. GOPAL REDDY AND HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No. 21088 OF 2009 DATED 16TH NOVEMBER, 2009. BETWEEN Home Furnishings & Co., New Cloth Market, Palakole, WG Dist., Rep. By its Managing Director ….Petitioner and Axis Bank Ltd., Poolapalli Branch, WG Dist., rep. By its Authorized Officer, and, anr. …Respondents. HONOURABLE SRI JUSTICE A. GOPAL REDDY AND HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No. 21088 of 2009 ORDER: (Per AGR.J.) This Writ Petition is filed questioning the notice dated 5.1.2009 issued by the first respondent under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity ‘the Act’) . This Court while issuing notice before admission on 30.9.2009 granted interim stay of auction subject to the condition of the petitioner deposits Rs.20,00,000/- within a period of six weeks from the date of order. It is submitted that the petitioner has complied with the said order. It is submitted by the learned Counsel for the petitioner that pursuant to the notice dated 5.1.2009 issued under Section 13(2) of the Act, the petitioner has submitted representations dated 12.1.2009 and 16.4.2009 as provided under Section 13(3.A) of the Act, however, on receipt of the said representations, no orders have been passed by the respondents. It is further submitted that under Section 17 of the Act, if any person including borrower is aggrieved by any of the measures, referred to in sub-Section (4) of Section 13 of the Act, taken by the secured creditor or his authorized officer, right appeal is provided to the Debts Recovery Tribunal having jurisdiction to deal with such matters. Therefore, the learned Counsel for the petitioner submits that he may be permitted to withdraw the Writ Petition and avail remedy of appeal as provided under the Act. In the circumstances, the Writ Petition is dismissed as withdrawn with liberty to the petitioner to avail remedy of appeal as provided under the Act. No order as to costs. ----------------------------- JUSTICE A. GOPAL REDDY ------------------------------- JUSTICE G. CHANDRAIAH DATED 16TH NOVEMBER, 2009. Msnr.