THE HON'BLE MR JUSTICE GHULAM MOHAMMED AND THE HON'BLE MR JUSTICE N. RAVI SHANKER WRIT PETITION NO. 29341 OF 2010 Between: Ashok Balaiah and others ..... PETITIONERS AND Union Bank of India and another .....RESPONDENTS HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE N. RAVI SHANKER WRIT PETITION NO. 29341 OF 2010 Oral Order (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed challenging the action of the respondents, their agents and their henchmen in harassing the petitioner in illegal methods is arbitrary and against settled principles of law and consequently seeks direction to the respondents not to harass the petitioner with regard to the loans taken from the respondents without following due process of law. The petitioner states that the petitioner is the co-borrower of the loan amount taken from the bank of the respondent no.2 for an amount of Rs.83,30,000/- and that he paid for certain periods and that subsequently as the petitioner was not in a position to pay the amount, he was issued with a notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, ( for short “ the Act”), mentioning the amount at Rs.95,03,314-17 ps.. The respondent-Bank has initiated proceedings under Section 13(2) of the Act by issuing notice and under Section 13(4) of the Act notice is yet to be served. The main grievance of the petitioner is that some third parties claiming to be recovery agents with false representation trying to take possession of the property of the petitioner. Since the respondent-bank has not taken any measures under Section 13(4) of the Act, it is needless to mention that respondent-bank shall discharge the obligatory and mandatory duty cast upon them as per law. In the circumstances, the writ petition is premature as there is no cause of action and accordingly dismissed with an observation that the respondent-bank is at liberty to proceed with the matter strictly in accordance with law. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. _______________________ GHULAM MOHAMMED, J ______________________ N. RAVI SHANKER , J DATE: 24-11-2010 Kk THE HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE N. RAVI SHANKER WRIT PETITION NO. 29341 OF 2010 24-11-2010