THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR W.P.No.5035 of 2011 ORDER (Per Sri Justice Ghulam Mohammed) The petitioner filed this writ petition seeking a writ of mandamus to declare the action of the first respondent-Bank in issuing notice, dated 27.10.2010, under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the Act’), against her son, who died on 10.04.2008 in London, U.K., as illegal and arbitrary. 2. Respondents filed counter affidavit stating that after issuance of the notice impugned, they came to know about the death of the deceased borrower and now, they are withdrawing the proceedings initiated against the dead person. They seek to grant liberty to initiate fresh proceedings under the Act. 3. In view of the averments made in the counter-affidavit, the Writ Petition is dismissed granting liberty to the respondents to initiate fresh proceedings in accordance with law. No order as to costs. ______________________ GHULAM MOHAMMED, J _____________________ B. CHANDRA KUMAR, J Date:07.03.2011 sj