IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20163 of 2010 ----------- Asma Khatun, wife of Shahzada Rafi Ahmad, resident of 5-A/1, Kulharia Complex, Ashok Rajpath, P.O. Bankipur, Town and District Patna. …… Petitioner Versus 1. The Bank of Baroda through its Managing Director, Baroda Corporate Centre, Plot No. C-26, G- Block, Bandra Kurla Complex, Bandra East, Mumbai-400051. 2. The Regional Manager, Bank of Baroda, Anand Vihar, West Boring Canal Road, Patna-1. 3. The Chief Manager, Bank of Baroda, Main Branch, Frazer Road, Patna 4. 4. The Authorized Officer, Bank of Baroda, Main Branch, Frazer Road, Patna. …. Respondents -------- For the Petitioner : Mr. Rajesh Mohan, Advocate For the Respondents: Mr. Ratnesh Nandan Sinha, Advocate ------- 04/ 10.03.2011 Heard learned counsel for the petitioner and learned counsel for the Bank of Baroda (hereinafter referred to as `the Bank’ for the sake of brevity ) and its authorities. 2. This writ petition has been filed by the petitioner challenging the demand notice dated 14.10.2010 (Annexure 4) issued under the provision of section 13(2) of the Securitization And Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( hereinafter referred to as `the SARFAESI Act’ for the sake of brevity ) and for other ancillary reliefs. 3. It transpires that after issuance of the aforesaid demand notice the petitioner filed an objection under section 13(3-A) of the SARFAESI Act on 30.11.2010 (Annexure 5) before the authorities concerned. The said objection was disposed of by the Chief Manager, Bank of Baroda vide letter dated 14.01.2011 (Annexure `A’ 2 to the counter-affidavit) informing that the Bank was once again ready to give the petitioner 6 months’ time for repayment of entire loan amount of Rs.8,23,429.00 + interest with effect from 30.09.2010 subject to the condition that the petitioner pays 50% of total amount i.e. Rs.4,12,000.00 within 15 days from the date of receipt of the said letter and the balance amount in six equal monthly installments with interest and cost. 4. Inspite of the aforesaid letter, it transpires from the arguments of the parties that no step under section 13(4) of the SARFAESI Act has yet been taken by the authorities concerned. In the said circumstances, there is no occasion for this Court to decide this matter on merit as the respondents cannot take any coercive action against the petitioner until step under section 13(4) of the SARFAESI Act is taken by them. Furthermore, the petitioner has already got two options either to make payment as per the directions of the respondent-authorities of the Bank or to file an appeal under section 17 of the SARFAESI Act as and when any step under section 13(4) of the SARFAESI Act is taken by the authorities concerned. With the aforesaid observation, this writ petition is disposed of. MPS/ ( S. N. Hussain, J. )