1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.8133/2008 (M/s. Hamara Pump Vs. Central Bank of India & Ors.) Date of order : 21.10.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Ms. Nupur Bhati, for the petitioner. Heard learned counsel for the petitioner. In this case the petitioner is challenging the notice dated 2.5.2008 (Annexure-1) issued by the Central Bank of India under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Against the impugned notice, there is provision under Section 13 (3A) of the Act, which reads as under : “(3A). If, on receipt of the notice under sub-section (2), the borrower makes any representation or raises any objection, the secured creditor shall consider such representation or objection and if the secured creditor comes to the conclusion that such representation or objection is not acceptable or tenable, he shall communicate within one week of receipt of such representation or objection the reasons for non-acceptance of the representation or objection to the borrower: 2 Provided that the reasons so communicated or the likely action of the secured creditor at the stage of communication of reasons shall not confer any right upon the borrower to prefer an application to the Debts Recovery Tribunal under section 17 or the Court of District Judge under section 17A.” In this view of the matter, if any representation is filed by the petitioner, then the Bank authorities are required to decide the same. It is stated at Bar by learned counsel for the petitioner that representation has already been filed. If not, then now the petitioner may file representation before the Bank authorities and raise all the objections against the notice Annexure-1. Upon filing such representation, the Bank authorities are directed to decide the same within a period of two weeks from the date of receipt of certified copy of this order. Till the decision of the representation, no coercive method shall be adopted against the petitioner. With the aforesaid observation/direction, the writ petition is disposed of. (GOPAL KRISHAN VYAS), J.