IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.230 of 2011 Ram Kumar Singh son of Late Manmohan Singh, resident of Buxsaria Tola, Mahendru, P.S. Sultanganj, Town and District-Patna, presently residing at 105, Ashiyana Vihar, near C.D.A. Building, Rajendra Path, Patna-800 001. ……Petitioner. Versus 1. The Bank of India through its Chairman-cum-Managing Director, H.O. Bandra, Kurla Complex, Bandra East, Mumbai-400 051. 2. The Authorized Officer, Bank of India, Zonal Office, chanakya Place, Patna. 3. The Chief Manager, Bank of India, Rajendra Nagar Colony Branch, Patna. ……..Respondents. ----------- For the petitioner : Mr. Gautam Kejriwal, Advocate. For the respondents : Mr. Sanjay Singh Thakur, Advocate. ------ 03/ 17.01.2011 Heard learned counsel for the petitioner and learned counsel for the respondent Bank of India and its authorities. 2. This writ petition has been filed by the petitioner challenging notice dated 15.12.2010 issued by the respondent- Authorised Officer under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the SARFAESI Act’ for the sake of brevity) without disposing of the objection under Section 13(3) (A) of the said Act filed by the petitioner as a guarantor well within the time period and for other ancillary reliefs. 3. A counter affidavit has been filed on behalf of the respondents in which it has been admitted that after notice under Section 13(2) objection was filed by the petitioner under Section 13(3) (A) of the Act, but the said objection has not been disposed - 2 - of and order under Section 13(4) of the Act has been passed. 4. In the aforesaid facts and circumstances, this writ petition is disposed of with a direction to the Authorised Officer, Bank of India (respondent no.2) to dispose of the objection of the petitioner under Section 13(3) (A) of the Act within 30 days from the date of receipt/production of a copy of this order after giving an opportunity of hearing to the petitioner. Till the objection under Section 13(3) (A) of the Act is decided no coercive action shall be taken against the petitioner with respect to the matter in dispute. Sunil (S. N. Hussain, J.)