IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9258 of 2009 DHRUB KUMAR LAL Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: Mr. Dinu Kumar,Advocate. For the respondent Bank: Mr. Sunil Kumar Singh –I. For the State: Mr.C.L.N.Singh, S.C.I. 2 5.8.2009 The petitioner assails the notice dated 9.6.2009 by which possession of the petitioner’s property detailed therein has been taken by the respondent bank under section 13 (4) of the SARFAESI Act, 2002. Learned counsel submits that the Punjab National Bank, Chand Chaura Branch, Gaya, has filed Mortgage Suit No.30 of 1998/71 of 1999 for attachment of the property which is also subject matter of notice issued under section 13(4) of the aforesaid Act which according to him is not permissible. He further submits that in any view of the matter the petitioner is willing to make one time settlement with the respondent. Learned counsel for the respondent bank states that the petitioner should have approached the DRT under section 17 of the SARFAESI Act,2002 instead of rushing to this Court. He states that if the petitioner makes an application for one time settlement then the respondent bank will consider his request in accordance with the guidelines of Reserve Bank of India. He further submits that the Apex Court in the case of Transcore versus Union of India and another: reported in 2008 (1) SCC 125 has observed that an additional proceeding for recovery of its debt is no bar under 2 SARFAESI Act, 2002. In view of the fact that the petitioner is willing to pay the loan amount this Court observes that the petitioner may make representation to the bank within ten days from today. The bank in its turn would furnish a copy of the details of calculation regarding the liability of the petitioner. It will also be open to the bank to give its counter proposal for the one time settlement of the dues within the parameter laid down by the R.B.I. No coercive step would be taken against the petitioner for four weeks to enable the parties to chalk out their proposal. With the aforesaid direction this writ application is disposed of. Anilkrsinha (Samarendra Pratap Singh, J.)