114wp1037.11.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.1037 of 2011 (Shyam R. Khawase .vs. Bank of Maharashtra) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D. D. Sinha and A. P. Bhangale, JJ. Date : 11/04/2011. Heard Mr.K.P.Kanungo, Adv. for the petitioner and Mr.M.P.Lala, Adv. for the respondent. The petitioner has challenged the action taken by the respondent/bank under the provisions of the Securitization and Re- construction of Financial Assets and Enforcement of Security Interest Act, 2002. It is submitted that the Bank has issued notice u/s. 13 (2) of the said Act and the petitioner has replied to the said notice; however, the respondent/Bank has not communicated to the petitioner whether the objection raised by the petitioner pursuant to the said notice was rejected by the respondent/Bank and in absence of any communication in this regard 114wp1037.11.odt 2 . by the Bank, the action of the Bank is violative of the provisions of Section 13(3-A) of the Act and therefore, cannot be sustained in law. Mr.M.P.Lala, Adv. for the respondent/Bank states that the Bank shall consider the objection submitted by the petitioner pursuant to the show cause notice u/s.13(2) of the Act and decision in this regard will be taken within a period of one week, which would be communicated to the petitioner accordingly and further steps in accordance with law shall be taken against the petitioner. In view of the statement made by the learned Counsel for the respondent/Bank, the cause of action involved in the present petition no more survives. Hence, the petition is disposed of accordingly. JUDGE JUDGE jais