IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7335 of 2009 KRISHNA KUMAR SINGH Versus THE ALLAHABAD BANK & ORS ----------- 2 3.7.2009 Heard the learned counsel for the parties. The petitioner prays for quashing the notice dated 9.4.2009 issued by the authorized officer, Allahabad Bank, Zonal Office, Muzaffarpur, under section 13 (2) of the SARFAESI Act,2002. The petitioner submits that it is not in dispute that a cash credit loan was taken from the bank in the year,2006. It is also not in dispute that the petitioner had defaulted in making due payment. The bank thereafter proceeded against the petitioner under SARFAESI Act. This Court had earlier restrained the respondent bank from taking any coercive action against the petitioner, M/S Krishak Cold Storage vide order dated 2.4.2009 passed in C.W.J.C. No.4028/09 contained in Annexure-1. The instant notice contained in Annexure-3 is issued under section 13 (2) referred to the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,2002. The learned counsel for the bank submits that the petitioner ought to have filed his objection in terms of section 13 (3) of the Act. He submits that the petitioner has failed to respond to the notice within time and has filed this writ application. After hearing the counsel for the parties, in the facts 2 and circumstances of the case, this Court grants time till 15th July,2009 to file his objection before the respondent bank which will dispose of the same and proceed in the matter in accordance with law. However, in the meantime no coercive step shall be taken against the petitioner. With the aforesaid observation and direction this writ application is disposed of. Anilkrsinha (Samarendra Pratap Singh, J.)