!! 1 !! IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.736/2008 (Smt. Vimla Kanwar Vs. State Bank of India & Ors.) Date of order :: 27.03.2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Pankaj Kumar Bohra, for the petitioner. Mr.Jagidhs Vyas, for the respondents. Heard learned counsel for the parties. In this case, petitioner is challenging the notice issued under Section 13 (4) of the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. On 01st February, 2008 an order was passed by this Court that if petitioner deposits 50% of the outstanding amount within four weeks from today, then no coercive method action shall be taken against the petitioner. It is submitted by learned counsel for !! 2 !! the petitioner that in pursuance of the said order passed by this Court, petitioner has deposited 50% of the amount. Learned counsel for the respondents submits that there is remedy available to the petitioner under Section 17 of the Act of 2002 by way of filing an appeal before the Tribunal against the action taken by the respondent-Bank under Section 13 (4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, therefore, this writ petition is not maintainable. In rejoinder to the reply, it is submitted by learned counsel for the petitioner that during the pendency of this writ petition, the Reserve Bank of India has issued certain circulars under which his case is covered. But learned counsel for the respondent-Bank is disputing this fact. In this view of the matter, I deem it just and proper to dispose of this writ petition with liberty to the petitioner to file representation before the Bank alongwith copies of the circulars issued by the Reserve Bank of India !! 3 !! and apprise the Bank with regard to the circulars issued by the Reserve Bank of India within a period of one week from the date of receipt of certified copy of this order. Upon filing such representation, it is expected from the Bank that respondent Bank will decide the representation of the petitioner while considering those circulars within a period of two weeks thereafter. Till disposal of representation of the petitioner, the stay order granted by this Court on 01st February, 2008 shall remain in force. Further, it is required to be observed that in the event of passing any adverse order upon the representation, the petitioner will be at liberty to challenge that order by way of filing appeal provided under Section 17 of the Act of 2001. It is also made clear that respondent-Bank will be at liberty to proceed further after deciding representation filed by the petitioner as ordered by this Court. With the above direction/observation, this writ petition is disposed of. No order as to costs. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/- A.K. Chouhan/-