Vadlamani Siddeswara Rao, v. Indian Overseas Bank,

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.33725 of 2016 30.09.2016 Between:

Vadlamani Siddeswara Rao and another ..Petitioners And Indian Overseas Bank, Chennai and others ..Respondents Counsel for the petitioners: Mr.P.Venkata Rao Counsel for the respondents: -- The Court made the following:

CVNR, J & GSP, J W.P.No.33725 of 2016 30.09.2016 ORDER: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This writ petition is filed for a mandamus to direct respondent Nos. 2 and 3 not to dispossess the petitioners from the house bearing Plot No.29, Ward No.27/3, Door No.1780, FCI Colony, Rajupalem Donka, Nellore, SPSR Nellore District and further to direct respondent No.2 to consider the legal notice, dated 08.02.2016, got issued by the petitioners for rescheduling their loan account.

2.

Having regard to the nature of the averments made by the petitioners, which require adjudication based on the evidence that may be adduced by them, it is not possible for this Court to entertain the writ petition for adjudication on merits. Instead of availing the remedy under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the SARFAESI Act'), the petitioners have needlessly approached this Court bypassing the said remedy.

3.

Therefore, the Writ Petition is dismissed, without expressing any opinion on the merits of the case, with liberty to the petitioners to avail the aforementioned remedy.

4.

As a sequel to dismissal of the writ petition, W.P.M.P.No.41625 of 2016 filed by the petitioners for interim relief shall stand dismissed as infructuous.

___________________________ C.V.NAGARJUNA REDDY, J ______________________ G.SHYAM PRASAD, J 30th September, 2016 GHN