IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14398 of 2009 1. BHOLA PRASAD S/O LATE SHEO CHAND PRASAD MOH- PURANI JAIL KHANA ROAD, P.S. KOTWALI, DISTT- GAYA--petitioner Versus 1. PUNJAB NATIONAL BANK THROUGH REGIONAL MANAGER A.P. COLONY, GAYA 2.THE REGIONAL MANAGER, PUNJAB NATIONAL BANK A.P. COLONY,GAYA,CUM AUTHORIZED OFFICER, GAYA 3. THE SENIOR BRANCH MANAGER, PUNJAB NATIONAL BANK TEKARI ROAD, GAYA-------------respondents. ----------- 2 5.11.2009 Heard learned counsel for the parties. Petitioner has approached this Court after the respondents Punjab National Bank have issued a notice under section 13(4) of the SARFAESI Act for taking possession of the property against loan taken by the petitioner years ago, to be precise in the year 1993. Submission of learned counsel for the petitioner is that he has filed representation before the Bank after receipt of the said notice and same should be considered before any step can be taken. Prayer made in this regard by the petitioner is without any basis. The opinion for the petitioner was to be exercised at the stage of the notice under section 13(2) of the SARFAESI Act and not after the notice under section 13(4) of the Act. In absence of any legal infirmity in the contemplated Act of the Bank the Court is not inclined to exercise its discretion. The remedy for the petitioner will be under the Act itself. This writ application is dismissed. RPS (Ajay Kumar Tripathi, J.)