IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13952 of 2009 1. MD. IMMAMUDDIN S/O LATE HASI NIZAMMUDIN MOH- FAKIR TOLA, P.S. CIVIL LINE, G.B. ROAD, DISTT. GAYA Versus 1. THE UNION OF INDIA, THROUGH SECRETARY BANKING DIVISION, FINANCE DEPTT., NEW DELHI 2. THE AUTHORISED OFFICER THE STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE, REG.-IV, DISTT. GAYA 3. THE BRANCH MANAGER THE STATE BANK OF INDIA, GAYA BRANCH BAZAR, AT DISTT. GAYA ----------- 4. 25.1.2010. Heard learned counsel for the petitioner and learned counsel for the State Bank of India. Petitioner states that the proceeding initiated by the Bank under the Sarfaesi Act is in breach of procedure established there inasmuch as no notice under Section 13(2) was ever issued to the petitioner at any point of time and if that be so all consequential action taken against him should be interfered with. The second submission is that petitioner is only the guarantor and the borrower is one Nurain Akhtar. But from the impugned order, it emerges that the present petitioner and the borrower are their own brothers and petitioner has to guarantee for the loan. Even if for the sake of argument, it is accepted that no proper notice came to be served upon the petitioner, though the tribunal has something record in this aspect, the above fact of notice should not remain and issue - 2 - N.H./ now. After the filing of the present application, the petitioner is well aware as to what the obligation against him or his brother stands which would be evident from the demand made in Annexure-3. However, to give an opportunity to the petitioner based on Annexure-3 to defend himself effectively it is open to the petitioner to appear before the Debt Recovery Tribunal, Patna, file an application and take any objection whatsoever which is permissible in law, except the question of notice on the liability and responsibility he has been asked to meet on the loan or the borrowing, for which proceeding under Section 13(2) came to be initiated. Petitioner would be well advised to do so by 15th of February,2010. If no proceeding is filed in the meantime, then the Bank is free to take action in the matter. ( Ajay Kumar Tripathi,J.)