HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION NO. 5033 OF 2011 Between: M/s B. Chandra Sekhar S/o Sharan Basappa ………….Petitioner AND Bank of India ………….Respondent ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed seeking to issue an order particularly one in the nature of Writ of Mandamus declaring the action of the respondent-Bank in initiating the recovery proceedings pursuant to the notice dated 4.8.2009 issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the SRFAESI Act”) as illegal and arbitrary. The main grievance of the petitioner is that no notice was served on him under Section 13(2) of the SRFAESI Act. On the other hand, the learned counsel appearing for the respondent-Bank filed a copy of the notice and acknowledgments wherein it is shown that notice was received by the petitioner herein, under Section 13(2) of the SRFAESI Act. Hence, the contention of the petitioner that no notice was served on him is misconceived. It is needless to mention that notice under Section 13(2) of the SRFAESI Act is only to enable the petitioner to repay the amount within sixty days and no cause of action arises till the notice issued under Section 13(4) of the SRFAESI Act. Therefore, this Writ Petition is premature and is liable to be dismissed. Accordingly, the Writ Petition is dismissed. However, as and when measures are taken under Section 13(4) of the SRFAESI Act, the petitioner is at liberty to move any appropriate forum. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J _____________________ K.G. SHANKAR, J DATE: 16.03.2011 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.