WP 8675/09 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.8675/2009 _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri A.M. Nagarkar, Advocate for petitioner. Shri S.V. Advant, Advocate for respondent no.1. Shri P.P. More, AGP for respondent no.2. CORAM: D.B. BHOSALE & R.M. BORDE, JJ. Date: 08.02.2011 Heard learned counsel for the parties. By this writ petition, the petitioner has challenged the communication dated 1.2.2009 issued by Circle Officer arising out of order dated 10.12.2008 passed u/s 14 of the Securatization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2000. The challenge is mainly on the ground that the notice u/s 13(2) of the Act was never served on the petitioner and, therefore, the order u/s 14 is illegal. WP 8675/09 2 Respondent no.1 has filed reply affidavit stating that they made an attempt to serve notice u/s 13(2) of the Act by registered post, which the petitioner refused to accept. They have placed proof in support of this statement made on affidavit. It appears that thereafter they served the notice u/s 13(2) by substitute mode by public notice in Dailies “Gaokari” and “Deshdoot Times” on 14.6.2006. It is, thus, clear that service of the notice u/s 13(2) of the Act on the petitioner was good service. This being the only ground of objection, argued by learned counsel for the petitioner, we find no merit in the writ petition. The writ petition is accordingly dismissed. (R.M. Borde, J.) (D.B. Bhosale, J.) Dt/- 08.02.2011 ndk/c82115