M/S Vijayalaxmi Agra Products v. The A.P State Financial Corporation.

WRI T PETI TI ON No.46904 of 2016 Betw een:

1. M/s. Vijayalaxmi Agro Products, rep. by its Partner Sri Manik Rao and another.

PETITIONER And

1. The A.P. State Financial Corporation, rep. by the Assistant General Manager, Mahabubnagar Branch, Mahabubnagar Post & Mandal, 509001 and another.

RESPONSENTS

VRS,J & GSP,J.

W.P.No.46904/2016 WRI T PETI TI ON No.46904 of 2016 ORDER: (Per Hon'ble Sri Justice V. Ramasubramanian) The petitioners, who are borrowers, have come up with the above writ petition challenging a notice issued under Section 13(2) of the SARFAESI Act, 2002.

2.

Heard learned counsel appearing for the petitioners. Mr. Y.N. Lohita, learned counsel takes notice for A.P. State Finance Corporation. 3.

We have been consistently holding that as against a notice under Section 13(2), no person has a cause of action. It is only after an order is passed under Section 13 (3A) of the Act and measures are taken under Section 13(4) that any person will have a cause of action to approach the Court. Therefore, the writ petition cannot be entertained till measures are taken. Therefore, the writ petition is dismissed. 4.

As a sequel, pending miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs. __________________________ JUSTI CE V. RAMASUBRAMANI AN ______________________ JUSTI CE G. SHYAM PRASAD 3rd January, 2017 Js.

VRS,J & GSP,J.

W.P.No.46904/2016 WRI T PETI TI ON No.46904 of 2016 Date: 03-01-2017 Js.