// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.9447/2008 Man Singh S/o Shri Gopi Singh Versus The Branch Manager, State Bank of Bikaner & Jaipur, Branch Udyog Nagar, Bharatpur and Another Date of Order ::: 08.09.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Karanpal Singh, Counsel for petitioner #### By the Court:- Heard learned counsel for the petitioner. The petitioner has challenged a notice dated 18th February, 2008 given to him by the respondent No.1 Bank under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the Act of 2002'). The case of the petitioner is that he has deposited the amount of loan taken by him but the same has not been credited in the proper account. He further submits that he has served a notice through his Advocate and also lodged an FIR but still the respondent No.1 Bank wants to recover the amount from the petitioner by selling his house. I have considered the submissions of learned counsel for the petitioner. Annexure-1 is a copy of the notice dated // 2 // 18th February, 2008. In case the amount of loan has been paid by the petitioner then it is his duty to file a proper reply to the notice giving out the details of the amount deposited by him. The purpose behind giving notice is to provide an opportunity to the petitioner to say something against outstanding loan and in case the amount of loan has been deposited then to furnish the details thereof. It appears that instead of filing any proper reply the petitioner served a notice and then also filed an FIR. The petitioner has not placed on the record a copy of order passed under Section 14 of the Act of 2002 regarding attachment or auction of the house of the petitioner. As and when any action is taken by the respondent Bank under Section 14 of the Act of 2002 then the same is appealable under the Act itself before the Debts Recovery Tribunal, where he can make his all grievances as prayed in the writ petition. The present writ petition against the notice is not tenable. In view of above, I do not find any merit in this writ petition and the same is accordingly dismissed in limine. (Narendra Kumar Jain) J. //Jaiman//