P.V.S. Ramu, v. Orintal Bank Of Commerce,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN AND THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.9203 OF 2018 Between:

P.V.S. Ramu, Aged : Major, Occ: Business, (Prop.of M/ s.Lochana Constructions), R/ o.D.No.1-341, TVP Palem, Visakhapatnam ... Petitioner Vs.

Oriental Bank of Commerce, MVP Colony Branch, Visakhapatnam, Rep. by its Authorized Officer.

.. Respondent For Petitioner : M/ s.T. Vijay Kumar For Respondent :

Gist :

Head Note :

Cases Referred : Nil

HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.9203 OF 2018 ORDER: (per V. Ramasubramanian, J) Aggrieved by the auction sale notice issued in terms of the provisions of the Security Interest Act, 2002, the borrower has come up with the above writ petition.

2. Heard Mr. T. Vijay Kumar, learned counsel for the petitioner.

3. The main contention of the petitioner is that the property sought to be sold is an agricultural land which is exempted under Section 31(i) of the SARFAESI Act, 2002. But, the said contention is also a contention that can be validly raised by the petitioner before the Debts Recovery Tribunal. There are no extraordinary circumstances for byepassing the alternative remedy of appeal.

4. Therefore, leaving it open to the petitioner to go before the Debts Recovery Tribunal, this Writ Petition is dismissed.

5. As a sequel thereto, miscellaneous petitions, if any, pending shall stand dismissed. No order as to costs. _____________________ V. RAMASUBRAMANIAN, J _______________________ ABHINAND KUMAR SHAVILI, J March 22, 2018 KTL