1 S. B. CIVIL WRIT PETITION NO.2081/2008 PRITHVI SINGH SHISHODIA & ORS. V. UCO BANK & ANR. DATE OF ORDER ::: 01/04/2008 HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI Mr. Vinay Jain, for Petitioner (s). By this writ petition, though many-fold prayer has been made, but the learned counsel for the petitioners submits that looking to the provisions of Section 13 (13) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the respondents be directed to first decide the representation submitted by the petitioner at Annexure-4, wherein it is prayed that the petitioner had permitted the sale his property and accordingly, proceeds received out of the sale would be then utilized to clear of the due loan amount along with interest. The provision of Section 13 (13) of the Act, 2002 is reproduced as under :- "Section 13 (13) No borrower shall, after receipt of notice referred to in sub-section (2), transfer by way of sale, lease or otherwise (other 2 than in the ordinary course of his business) any of his secured assets referred to in the notice, without prior wirtten consent of the secured creditor." Perusal of the aforesaid provision reveals that after receipt of the notice under Section 13, no borrower can transfer the property in question by way of sale, lease or otherwise other than with the consent of the secured creditor. In view of the above provision, necessary decision has to be taken by the bank concerned only. It is stated by the learned counsel for the petitioner that representation at Annexture-4 has not been decided by the respondents which otherwise shows that the petitioner is willing to pay the complete due amount of loan. Looking to the prayer made above, this writ petition is disposed of with a direction to the respondents to consider the representation of the petitioner at Annexture-4. The petitioner is directed to supply a copy of the representation Annexture-4 along with a copy of this order, so that necessary decision can be taken by the respondents within 3 a period of 15 days from the date of receipt of a copy of this order. Till then, the property in dispute may not be auctioned by the respondents. It is made clear that this order will come in effect only on service of the same on the respondents which would be effected within seven days from today. With the directions aforesaid, the writ petition is disposed of. (M. N. BHANDARI), J. scd