IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19529 of 2010 RAM VINAY KUMAR, S/O Late Babu Lal Sah, Resident of Ward No.- 13. Kunj Gali, Nagar Panchayat, Sheohar, District- Sheohar. ………..Petitioner. Versus 1. THE CENTRAL BANK OF INDIA through its General Manager, Chandramukhi, Nariman Point, Mumbai. 2. The Regional Manager, Central bank of India, Bhagwanpur Chowk, Mujaffarpur. 3. The Senior Manager, Central Bank of India, Sheohar. 4. The Authorized Officer, Central Bank of India, Sheohar. ………..Respondents. ----------- 2 29.11.2010 Heard learned counsel for the petitioner and learned counsel for the Central Bank of India and its authorities. 2. This writ petition has been filed challenging notice dated 01.09.2010 issued under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act ( hereinafter referred to as ‘the SARFEASI Act’ for the sake of brevity) by which the respondent- Bank purported to take possession of the secured assets of the petitioner towards adjustment of their debts under Section 13(4) of the SARFEASI Act and also for issuance of directions to the authorities of the Bank to comply the mandatory provisions as contained under Section 13(3A) of the Act, following the Reserve Bank of India guidelines and to grant opportunity to the petitioner to 2 liquidate the entire dues under OTS scheme in easy installments. 3. It transpires that the impugned notice (annexure 6) was issued on 01.09.2010 and after receiving it the petitioner filed an application dated 10.09.2010 (annexure 7) before the authority of the Bank stating that he was ready to pay the principal amount. However, in response to the said letter the Bank did not send any reply nor provided the statement of account regarding the principal amount and the interest levied thereon. Thereafter again on 15.11.2010 (annexure 8) the petitioner sent another application before the authorities of the Bank stating therein that he was ready to pay the entire principal amount within six months but for that the statement of account was required, in absence of which no payment was possible. 4. In the aforesaid facts and circumstances, this writ petition is disposed of with a direction to the respondents to provide the required statement of account mentioned above to the petitioner within one week from the date of receipt/production of a copy of this order before the authorities concerned. The petitioner shall take steps with respect to payment of the due amount to the respondent 3 bank within one month thereafter, failing which after one month, the respondent Bank will be at liberty to take steps in accordance with law in pursuance of the demand notice dated 01.09.2010 (annexure 6), if not yet taken. Bhardwaj ( S.N.Hussain, J.)