IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.10513 of 2011 DWARIKA PRASAD, SON OF LATE BAIJNATH PRASAD, PROPRIETOR “M/S ASHA ABHUSAN UDYOG”, AMBA, RESIDENT OF VILLAGE-AMBA, P.S. AMBA, DISTRICT AURANGABAD (BIHAR)………………………..PETITIONER. Versus 1. THE PUNJAB NATIONAL BANK THROUGH THE CHIEF MANAGING DIRECTOR, 7, BHIKAJEE KAMA PLACE, AFRICA AVENUE, NEW DELHI-110066. 2. THE CHIEF MANAGING DIRECTOR, PUNJAB NATIONAL BANK, 7, BHIKAJEE KAMA PLACE, AFRICA AVENUE, NEW DELHI-110066. 3. THE CIRCLE HEAD, CIRCLE OFFICER, PUNJAB NATIONAL BANK CHANAKYA HOTEL R. BLOCK, PATNA. 4. THE CHIEF MANAGER-CUM-AUTHORISED OFFICER, CIRCLE OFFICE, A.P. COLONY, GAYA-823001. 5. THE BRANCH MANAGER, PUNJAB NATIONAL BANK, AMBA, AURANGABAD……………………RESPONDENTS. For the petitioner :Md. Gheyasuddin Khan, Advocate. For the respondents :Mr. Kumar Priya Ranjan, Advocate. ---------------------------------- 02/ 03.08.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging notice dated 02.04.2011 (Anneuxre-3) issued by the Authorized Officer of Punjab National Bank, Circle Office, Gaya (respondent no.4) under section 13 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as „the Act‟ for the sake of brevity) and for other ancillary reliefs. 3. It is not in dispute that the petitioner is a borrower as he had taken loan from the Punjab National Bank for M/s Asha Abhusan Udyog, Gaya. It is also not in dispute that due to default, his security for the loan had been declared N.P.A. (Non-Performing Assets), whereafter proceeding under the provision of the Act has been - 2 - initiated in which the impugned notice under section 13(2) of the Act has been sent to the petitioner. 4. A counter affidavit has been filed on behalf of the respondents giving circumstances in which the impugned notice had been issued. However, it is not stated in the counter affidavit that any further step has been taken in that regard, although no objection under section 13(3-A) of the Act has been filed by the petitioner to the aforesaid notice as required in law. 5. In the aforesaid facts and circumstances, this writ petition is disposed of with a liberty to the petitioner to file an application under section 13(3-A) of the Act before the said authority within 15 days from today along with a copy of this order. If such an application is filed by the petitioner, the said authority shall decide it in accordance with law within one month thereafter. 6. Till disposal of the said application, the petitioner or his assets shall not be disturbed in any manner whatsoever. Harish (S.N.Hussain, J.)