IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.613 of 2011 HARI SHANKAR SINGH, SON OF LATE DAMODAR SINGH, PROPRIETOR OF M/S SHANKAR TIMBER WORKS, RESIDENT OF MOHALLA GAUSGANJ, ARA, P.S. ARA(TOWN), DISTRICT BHOJPUR. …….PETITONER. Versus 1. THE ZONAL MANAGER, BANK OF INDIA, CHANKYA TOWER, PATNA-1. 2. THE LOAN MANAGER, BANK OF INDIA, ARA BRANCH, ARA 3. THE BRANCH MANAGER, BANK OF INDIA, ARA BRANCH, OPPOSITE TOWN HIGH SCHOOL, D.T. ROAD, ARA, P.S. TOWN DISTRICT BHOJPUR………………………RESPONDENTS. For the petitioner : Mr. Sushil Kumar Singh, Advocate. For the Bank : Mr. Vivekanand Pd. Singh, Advocate. ----------- 03/ 20.01.2011 Heard learned counsel for the petitioner and learned counsel for the Bank of India and its authorities. 2. This petition has been filed by the petitioner challenging notice dated 07.07.2010 (Annexure-5) issued by the Authorised Officer of the respondent Bank under section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for the sake of brevity) and also for quashing letter dated 04.11.2010 (Anneuxre-7) issued by the Senior Branch Manager, Ara of the respondent Bank directing the petitioner to deposit some amount in the Bank and for other ancillary reliefs. 3. It is not in dispute that notice under section 13(2) of the Act was issued by the authorities on 07.07.2010 (Annexure-5) and the petitioner filed his objection on - 2 - 10.08.2010 (Annexure-6) which has been decided by the respondents authorities vide order dated 04.11.2010 (Anneuxre-7). However it is not in dispute that proceeding under section 13(4) of the Act has not yet been adhered to. 4. In the aforesaid facts and circumstances, this writ petition is disposed of with a liberty to the respondents to take steps under section 13 (4) of the Act, but until such steps are taken no coercive action shall be taken against the petitioner. It may be noted that if any action under section 13(4) of the Act is taken by the authorities, the petitioner will be at liberty to challenge it before an appropriate forum as provided under section 17 of the Act. Harish (S.N. Hussain, J.)