IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP 6411 of 2010. Decided on 30th December 2010. Sareshtha Sharma & another. ....Petitioners. Versus State of H.P. & others. ....Respondents. Coram: The Hon'ble Mr. Justice Kurian Joseph, Chief Justice The Hon'ble Mr. Justice V.K. Sharma, Judge. For the Petitioners: Mr. A.K. Vashishta, Advocate. For the respondents: Mr. G.C. Gupta, Senior Advocate with Mr. Ashish Jamalta, Advocate. ---------------------------------------------------------------------------------- Justice V.K. Sharma, J. (oral): The writ petition is for the following prayers:- i) That writ in the nature of certiorari may kindly be issued for quashing the impugned letter dated 23.9.2010, Annexure P-2, issued to the petitioner by the respondents. ii) That writ in the nature of mandamus may kindly be issued directing the respondents to allow reasonable time for more than 1 and half year to the petitioners to repay the outstanding loan amount. iii) That the entire proceedings initiated by the respondents against the petitioners may kindly be declared as illegal and violative of Section 13 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. iv) That the respondents may further be directed to produce the entire record pertaining to the case of the petitioner for the kind perusal of this Hon'ble Court. 2. The various disputed questions of fact are to be adjudicated before the forum competent for the same, namely The Debt Recovery Tribunal. Learned Counsel for the petitioners submits that the respondent Bank has not followed the mandatory procedure before taking recourse to the coercive steps. These contentions are also available with the petitioners to be raised before DRT, in which the DRT will look into the matter and see that the Bank complies with the mandatory requirements as per the procedure prescribed under law before taking coercive steps. 3. The writ petition is disposed of, so also the pending application(s), if any. Copy dasti. (Justice Kurian Joseph) Chief Justice 30th December, 2010 (V.K. Sharma) (kck) Judge.