IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.347 of 2011 Khurshid Khan, Proprietor of M/s Flex Shoe, Chowk Bazar, Munger, S/o Late Chhote Khan, At Dilawarpur, Munger, P.O. and District-Munger. …….. Petitioner. Versus 1. Bank of India through Chairman & Managing Director, having its head office at STAR HOUSE C-5, “G” Block, Bandra Kurla Complex, Bandra (East), Mumbai 400051. 2. The Deputy Zonal Manager-Cum-Authorised Officer, Bank of India, Bhagalpur Zone, At-Aadampur Chowk, P.O. and District- Bhagalpur, PIN-812001. 3. The Branch Manager, Bank of India, Munger Branch, At-Bata Chowk, P.S.-Kotwali, P.O. and District-Munger. ….. Respondents. For the Petitioner: Mr. Dinesh Kumar Gupta, Advocate. For the Bank : Mr. Sanjiv Kumar, Advocate. ----------- 2. 13.01.2011 1. Heard learned counsel for the petitioner and learned counsel for the respondents-Bank of India and its authorities. 2. This writ petition has been filed by the petitioner challenging notice dated 16.08.2010 (Annexure-5) issued by Deputy Zonal Manager-cum-Authorised Officer of the Bank of India (Respondent no. 2) under section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and to settle the matter in the light of guidelines of One Time Settlement Scheme issued by the Reserve Bank of India as well as in terms of Reserve Bank of India Circulars and as per the directions of the Supreme Court in similar matters and for other ancillary reliefs. 3. The fact of this case is that after issuance of the aforesaid notice under section 13(2) of the Act, the petitioner has - 2 - filed an objection under section 13(3A) of the Act on 22.12.2010 (Annexure-6), which is not yet decided. The grievance of the petitioner is that respondents authorities are not considering the circulars of the Reserve Bank of India and the One Time Settlement Scheme of the Bank itself and are bent on taking coercive action against the petitioner. 4. Considering the aforesaid facts and circumstances of this case, this writ petition is disposed of with a direction to the Deputy Zonal Manager-cum-Authorized Officer, Bank of India, Bhagalpur (Respondent no. 2) to dispose of the said objection of the petitioner filed under section 13(3A) of the Act within three months after considering the circulars of the Reserve Bank of India and One Time Settlement Scheme of the Bank as well as the provisions of law and case laws in that regard. Till the matter is decided under section 13(4) of the Act, no coercive action shall be taken against the petitioner. Sujit (S. N. Hussain, J.)