THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.1451 of 2011 ORDER: (per Hon’ble Sri Justice Ghulam Mohammed) Respondent Nos.3 and 4 formed into partnership and established second respondent-firm viz. M/s. Sri Vijaya Agro Farms and Products, which borrowed an agricultural loan of Rs.25.00 lakhs on 29.12.2009 from the first respondent-bank repayable in 60 instalments and the petitioner and respondent No.5 stood as guarantors. The petitioner contends that his residential house was mortgaged with the first respondent-bank. As the second respondent-firm committed default in repayment of the loan, the first respondent-bank issued notice, under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the Act’), calling upon the petitioner to repay the outstanding amount within sixty days. The grievance of the petitioner is that the first respondent-bank issued notice dated 10.01.2010, under Section 13 of Act 3 of 2002 read with Rule 4(5) (c)(iii) of Security Interest (Enforcement) Rules, 2002, calling upon him to take steps to deliver possession of his property. Hence Writ Petition. Heard the learned Counsel for the petitioner and the learned Counsel for the first respondent-bank. It is represented by the learned Counsel for the petitioner that, pursuant to the order of this Court dated 29.01.2011 and further extended on 01.03.2011, the petitioner deposited Rs.10.00 lakhs with the first respondent-bank and that he is regularly paying instalments. Since notice under Section 13(4) of the Act has not been issued intending to take measures to recover the mortgaged property of the petitioner, we do not see any reason to interdict the impugned notice so as to prevent the bank from discharging its statutory obligation. As the petitioner is paying instalments regularly, we do not find any reason to keep the Writ Petition pending. In case the petitioner commits default, the first respondent-bank is at liberty to initiate measures under Section 13(4) of the Act only after giving notice to the petitioner. With the above observation, the Writ Petition is dismissed. No order as to costs. GHULAM MOHAMMED,J K.G.SHANKAR,J Dt:04.07.2011 usd