IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.5499 of 2009 Between: N. Gururaja Rao S/o. Narayana Rao R/o. H.No.45-24/K, Plot No.23, Srikrishna Colony, Kurnool. ..... PETITIONER AND 1 The Andhra Pradesh Grameena Vikas Bank, rep. by its Chairman, Controlling Office: 8-3-3/5/F, 1st Floor, Mettugadda, Mahabubnagar. 2 The General Manager (Authorised Officer), The Andhra Pradesh Grameena Vikas Bank, Controlling Office: 8-3-3/5/F, 1st Floor, Mettugadda, Mahabubnagar. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the notice dt. 1.1.2009 issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 as arbitrary, illegal, barred by limitation and consequently set aside the same. Counsel for the Petitioner:DR.P.B.VIJAY KUMAR Counsel for the Respondent No.: MR.K.SRINIVASA MURTHY The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.5499 of 2009 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) Petitioner questions the notice, dated 01-01-2009, issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the SARFAESI Act”), calling upon him to pay a sum of Rs.3,25,070/-, within sixty days from the date of receipt of the said notice and also file a reply, failing which, appropriate action will be initiated under Section 13(4) of the SARFAESI Act. Whenever notice is issued under Section 13(2) of the SARFAESI Act, it is open for the borrower to file objections, if the amount is not due and payable by him. If any objections are filed, it is for the Bank to pass appropriate orders under Section 13 (3) of the SARFAESI Act, after duly considering the objections. If no such objections are filed and the borrower fails to discharge the liability, it is open for the Bank to pass an order under Section 13(4) of the SARFAESI Act for taking possession of the property. Therefore, all the contentions raised by the petitioners as to whether the loan is barred by limitation or not and whether the notice under Section 13(2) of the SARFAESI Act is valid or not, are all matters to be decided by the Bank and if the Bank fails to consider, it is open to the petitioner to approach before the Debt Recovery Tribunal under Section 17 of the SARFAESI Act. Therefore, we do not find any merit in the writ petition and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. However, if no orders are passed under Section 13(4) of the SARFAESI Act, it is open for the petitioner to file his objections within one week from today. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Dated: 20-03-2009 Note: Issue C.C. by Monday (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{MSN}