THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.NO.4766 of 2010 08-03-2010 BETWEEN; Samudrala Umamaheswara Rao ...Petitioner vs. State Bank of India, Nandigama Branch and another ...Respondents THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.NO.4766 of 2010 ORAL ORDER: (Per GR,J) Assailing the notice issued under Section 13(4) of the Securitisation an Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (fo short ‘the Act’) read with Rule 8(1) of the Security Interest (Enforcement) Rules, 2002 dated 17-02-2010, this writ petition is filed. The petitioner asserts that after the notice dated 05-08-2009 under Section 13(2) o the Act was issued by the 1st respondent calling upon the petitioner to clear the mortgag loan in an amount of Rs.6,69,094.29 paise, the petitioner has paid an amount o Rs.1,10,000/- and that the cash credit limit of Rs.6 lakhs with the 1st respondent has thu been maintained and therefore no proceedings under the Act could legitimately be taken. The petitioner has an effective, alternative appellate remedy under Section 17 of th Act against any proceedings initiated under Section 13(4) of the Act. As such an appellat remedy is available to the petitioner, this Court is not inclined to adjudicate upon th grievance presented in this writ petition but would relegate the petitioner to pursue th appellate remedy. On the aforesaid analysis, the writ petition is dismissed at the stage of admission wit liberty to the petitioner to pursue the appellate remedy. No order as to costs. ______________ GODA RAGHURAM,J ______________ NOUSHAD ALI,J 8th MARCH 2010. TSNR