1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.1512/2009 (Jagdeep Arora Vs. S.B.B.J. & Ors.) Date of order : 02.03.2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. C.S. Kotwani for the petitioner. Heard learned counsel for the petitioner. It is contended by learned counsel for the petitioner that for recovery of loan amount, a notice under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has been issued by the respondent Bank. Against the said notice, the objections have been submitted by the petitioner and it is obligatory duty of the respondent Bank to decide the objections in accordance with law under Section 13 (3A) of the Act, which is reproduced hereunder : “13 (3A) If, on receipt of the notice under sub-section (2), the borrower makes any representation or raises any objection, the secured creditor shall consider such representation or objection and if the secured creditor comes to the conclusion that 2 such representation or objection is not acceptable or tenable, he shall communicate within one week of receipt of such representation or objection the reasons for non-acceptance of the representation or objection to the borrower: Provided that the reasons so communicated or the likely action of the secured creditor at the stage of communication of reasons shall not confer any right upon the borrower to prefer an application to the Debts Recovery Tribunal under section 17 or the Court of District Judge under section 17A.” In this view of the matter, the respondent Bank is directed to decide the objections filed by the petitioner before the auction is made. However, it will be open for the petitioner to file fresh representation/objection and upon filing fresh objection, the same may be considered and decided objectively by the respondents. It is also made clear that after decision of the objections raised by the petitioner, if the petitioner feels aggrieved, then, he can avail the remedy available to him under Act of 2002. With the aforesaid observation/direction, this writ petition is disposed of. (GOPAL KRISHAN VYAS), J. arun