Kalneedi Venkateswara Rao. S/O. Veeraswamy, v. Andhra Bank

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE GUDI SEVA SHYAM PRASAD WRI T PETI TI ON No.251 of 2016 ORDER: (Per Justice Sanjay Kumar) This writ petition was filed assailing the demand notice dated 06.11.2015 issued by the Andhra Bank under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the SARFAESI Act'). In the light of the law laid down by the Supreme Court in Punjab National Bank v. I mperial Gift House1 and Devi I spat Limited v. State Bank of I ndia2, a writ petition would not lie ordinarily against a demand notice issued under Section 13(2) of the SARFAESI Act. On this short ground, the writ petition is dismissed. Interim order dated 05.01.2016 shall stand vacated. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

_____________________ SANJAY KUMAR, J ________________________ GUDI SEVA SHYAM PRASAD, J 7th July, 2017 IBL 1 (2013) 14 SCC 622 2 (2014) 5 SCC 762