IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No.7049 of 2010 Date of decision: 29.11.2010 ------------------------------------------------- Rakesh Awasthi Petitioner Versus State Bank of Patiala & others. Respondents Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice V.K. Ahuja, J. For the petitioner: Mr. Adarsh K. Vashista, Advocate. For the respondents: Mr. G.C. Gupta, Senior Advocate with Mr. Ashish Jamalta, Advocate. Justice Kurian Joseph,C.J.(Oral): The petition is filed with the following prayers:- i) that writ in the nature of certiorari may kindly be issued for quashing the impugned notice undated Annexure P-3, issued to the petitioner by the respondents. ii) that writ in the nature of mandamus may kindly be issued directing the respondents to reconcile the accounts and then allow reasonable time to the petitioner to repay the outstanding loan amount. iii) that the entire proceedings initiated by the respondents against the petitioners may kindly be declared as illegal and violative of Section 13 of Securitization and Reconstruction of Financial Assets and Enforcement of Security interest Act, 2002. 2. Learned counsel for the petitioner on instructions submits that the petitioner has already been issued notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act and, therefore, it is open to the petitioner to approach the Bank itself for appropriate relief. It is seen that the petitioner has also filed Annexure P-4 representation, before the fourth respondent. There will be direction to the fourth respondent to look into the matter with a notice to the petitioner and take appropriate action in accordance with law and justice within one month from today. The petitioner will appear before the fourth respondent on 15th December, 2010, in order to work out the relief as above. 3. With these observations, the writ petition stands disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph) Chief Justice November 29, 2010 ( Justice V.K. Ahuja ), (SDS/BSS) Judge