Notice under sub-section (2) of Section 13 of
the Securitisation and Reconstruction of
Financial Assets and Enforcement of Security
Interest Act, 2002 (Hereinafter referred to
as “the Act of 2002”) and since there is no
mention of the said property of the borrower
in the demand notice, the petitioner should
not be asked to face the further proceeding.
He submits that, the status of the
petitioner, whether he is guarantor or
otherwise is a subject matter of the Writ
Petition No.1410/2017 (Arjun S/o Dagdu Bhagat
V/s The Manager, Shri Chhatrapati Rajarshi
Shahu Urban Co-operative Bank Ltd., Beed and
others. He further submits that, the said
Petition is pending before this Court.
Learnedcounselsubmitsthat,the
representation filed by the petitioner taking
recourse to the provisions of sub-section (3)
of Section 13 of the Act of 2002 is not yet
decided by Respondent Nos.1 and 2. He further
submits that, the property of the petitioner
will be auctioned on 30th January, 2018, as
indicated in the letter dated 17th January,
2018 (Exhibit B/Page 14), therefore, the
Petition deserves to be allowed.
