Smt. S. Sharfoon Bee, v. The Authorized Officer, Rep. By Its Branch Manager,
THE HON'BLE SRI JUSTI CE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTI CE G.SHYAM PRASAD WRI T PETI TI ON No.33609 of 2016 30.09.2016 Between:
Smt.S.Sharfoon Bee ..Petitioner And The Authorized Officer, Karur Vysya Bank Ltd., Kurnool and others ..Respondents Counsel for the petitioner: Mr.Md.Sharfuddin Counsel for the respondents: -- The Court made the following:
CVNR, J & GSP, J W.P.No.33609 of 2016 30.09.2016 ORDER: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) The petitioner, who is a guarantor for the loan sanctioned in favour of respondent Nos.3 and 4, filed this writ petition feeling aggrieved by the purported non-acceptance of her alleged oral request for permitting her to repay the loan amount in four or five installments. 2.
Except the ipse dixit of the petitioner, no material is produced in support of her plea that she has actually approached respondent No.1 with the aforementioned request. If the petitioner is sincere in her offer to repay the loan amount, she is expected to make a written representation to respondent No.1 and avail appropriate remedy, if such representation is either not considered or rejected.
3.
As the petitioner failed to follow the above procedure, she is permitted to make a representation in writing to respondent No.1. If such representation is made, respondent No.1 shall consider the same and communicate his decision to the petitioner within fifteen days of receipt of such representation. If the petitioner feels aggrieved by such consideration, she is left free to avail remedy under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
4.
Subject to the above directions, the Writ Petition is disposed of. 5.
As a sequel to disposal of the writ petition, W.P.M.P.No.41494 of 2016 filed by the petitioner for interim relief shall stand disposed of as infructuous.
___________________________ C.V.NAGARJUNA REDDY, J ______________________ G.SHYAM PRASAD, J 30th September, 2016 GHN