IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9708 of 2009 M/S MOTIPUR HIGHWAY SERVICE Versus THE ALLAHABAD BANK & ORS ----------- 2 18.8.2009 The petitioner had prayed for quashing the notice dated 29.7.2009 issued under section 13 (4) of the SARFAESI Act, 2002 of the Allahabad Bank, Zonal Office, Muzaffarpur. On 29.6.2009 this Court allowed ten days time to the petitioner to file his objection under section 13 (3 – A) of the Act before the respondent bank. It was further observed that till the bank disposes of the objection it would not take any step under section 13(4) of the Act. Learned counsel has referred to Annexure-7 which is an order by which the objection of the petitioner was rejected on 14.7.2009. It was stated therein that the order of this Court had not been annexed with the representation. It appears that the bank has assigned some reason for rejecting the aforesaid objection. Learned counsel submits that the bank subsequently had taken possession of the mortgaged land on 29.7.2009. By Annexure-5 this Court had restrained the bank from taking any step under section 13(4) of the SARFAESI Act, 2002. In view of the letter as contained in Annexure-7 this Court is not going into the merit of the case. The petitioner would be at liberty to file an appeal under section 17 of the aforesaid Act against the order dated 29.7.2009 passed by the respondent bank. In case appeal is filed 2 before the tribunal the same would be disposed of within four weeks from today. In the meantime, status quo as of today shall be maintained. With the aforesaid observation this writ application is disposed of. Mr. Mukund Jee who is present in the Court on behalf of the bank, would communicate this order to the bank. It will also be open to the petitioner to take plea of conciliating the matter before the DRT. Anilkrsinha (Samarendra Pratap Singh, J.)