A.M. SIDDESHWARA ARADHYA S/O LATE NANJAIAH Vs. M/S. FEDERAL BANK LTD., REP BY ITS AUTHORISED OFFICER BANASWADI BRANCH NO. 7, OMBR LAYOUT BANASWADI MAIN ROAD BANASWADI, BANGALORE-43, SMT. V. VIJAYALAKSHMI W/O BHADRARADHYA

JUDGEMENT

(1.) BY the impugned notice, dated 2.11.2011 issued by the first respondent the possession of the petitioner's property bearing No. 76/1A (Khatha No. 256), situated at Oorukere Village, Kasaba Hobli, Tumkur District is taken under the provisions of Section 13(4) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short hereinafter called as the 'SARFAESI Act'). This writ petition is filed after lapse of about 9 months from the date of impugned notice relating to taking of possession of the property. The possession must have already been taken.

(2.) BE that as it may, since the petitioner has an alternative remedy under Section 17 of the SARFAESI Act of approaching the Debt Recovery Tribunal, no interference is called for. Hence, writ petition fails and accordingly, the same stands dismissed.