HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE N. RAVI SHANKER WRIT PETITION NO. 29081 OF 2010 Between: Sowdagar Arshad Ahmed ..... PETITIONERS AND State Bank of India .....RESPONDENTS HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE N. RAVI SHANKER WRIT PETITION NO. 29081 OF 2010 Oral Order (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed seeking direction to the respondent not to take possession of the petitioner’s property without exhausting the remedies under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, ( for short “ the Act”). The petitioner states that the respondent-Bank has granted agricultural term loan to his wife for establishing a dairy farm in the year 2008 for an amount of Rs.10,00,000/- and that the petitioner gave his immovable property as collateral security. The respondent-bank issued notice under section 13(2) of the Act on 22-7-2009 stating borrower is due an amount of Rs.5,89,903/-. According to the petitioner after the said notice substantial amounts were also paid and that borrower and the petitioner are making their efforts and arranging for payment also. It is represented that the respondent-Bank has initiated proceedings under Section 13(2) of the Act by issuing notice dated 22-7-2009, and under Section 13(4) of the Act notice is yet to be served. The main grievance of the petitioner is that some third parties claiming to be recovery agents with false representation trying to take possession of the property of the petitioner. Since the respondent-bank has not taken any measures under Section 13(4) of the Act, it is needless to mention that respondent-bank shall discharge the obligatory and mandatory duty cast upon them as per law. In the circumstances, the writ petition is premature as no cause of action and accordingly dismissed with an observation that the respondent- bank is at liberty to proceed with the matter strictly in accordance with law. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. _______________________ GHULAM MOHAMMED, J ______________________ N. RAVI SHANKER , J DATE: 24-11-2010 Kk THE HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE N. RAVI SHANKER WRIT PETITION NO. 29081 OF 2010 24-11-2010