IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17798 of 2010 UMA KANT PRASAD NIRALA s/o Sri Bisundeo Paswan,R/O Usufpur East of R.N. College Indrapuri Colony,Hajipur, P.O.& P.S. Hajipur, District-Vaishali…. Petitioner Versus 1. CANARA BANK BRANCH HAJIPUR, P.O. and P.S. Hajipur,District- Vaishali through its Senior Branch Manager. 2. The Senior Manager, Canara Bank, Branch Hajipur, at P.O./P.S. Hajipur, District- Vaishali. 3. Authorised Officer, Canara Bank, Branch Hajipur at P.O./P.S. Hajipur, District- Vaishali…….. Respondents ----------- For the petitioner: Md. Ibrar Hussain, Advocate Mr.Anil Kumar Saxena, Advoate For Respondent Bank: Mr. Onkar Kumar, Advocate --------- 2. 28.10.2010 Heard learned counsel for the petitioner and respondent Bank. The petitioner has come to this Court against a notice under Section 13 (2) of the SARFAESI Act, 2002. Admittedly, he is a guarantor of the loan that has been taken. It is submitted by learned counsel for the petitioner that the notice ought to have been issued to the borrower, whereas the petitioner is a guarantor. The said submission has no leg to stand in view of the definition of borrower given in Section 2 (1) (f) of the Act in which the said term includes any person who has given any guarantee. Moreover, under Section 13 (3-A) of the Act upon receipt of the notice the borrower, which includes the guarantor, has the right to make any - 2 - representation or objection and if the same is filed the secured creditor is required to consider such representation or objection and if the case is not found acceptable, it is required that the reasons for non-acceptance are communicated. No such representation/objection has been filed by the petitioner. The writ application is, accordingly, dismissed with liberty to the petitioner to file a representation/objection under Section 13 (3-A) of the Act. In case, such a representation/objection is filed within a week from today then the respondent Bank shall consider the same in accordance with law. VPS ( Ramesh Kumar Datta, J. )