n HiGH COURTOFCHHATTISGARH.BiLASPUR PETITiONER W.P. t'C) No. 988/2011 :NT Anarkaii Wife of Late Shri Bhag'vvat Prasad, aged about 39 years, R/o. House No. 285, Durga Pendai, Vasant Vihar, Biiaspur (C.G.) VERSUS Union of Bank of india, Through: Branch Manager, Bilaspur Branch, near D.P. Vipra Coiiege, Old High Court Road, Bilaspur (C.G.) WRfTPET!TiONUNDERARTICLE226GFTHECQNSTiTUT!QNC3FiNDiM Appearance: Mrs. Naushina Aii, Advocate for the petitioner Mr. N.K. Vvas, Advocate for the respondent. ORAL ORDER (09.03.2011) SUMJLKUMARSINHA.J. Heard. Leamed counsei forthe petitioner submits that after issuance of notice under Section 13(2) ofthe Securitization and Reconstructlon of Financiai Assets and Enforcement of Security Interest Act, 2002, the petitioner had raised objection, but, vrithout deciding the objection, the respondent proceeded to take the recourse ofsub-section (4) ofSection 13. rvir. Vyas submits that according to the office records of Uie respondeni, no such representation, as fiied along with the writ petition, was filed before the respondent, therefore, the respondent has initiated the proceedings of sub-section 4ofSection13,ofAct,2002. • Mrs. Naushina-Ali, learned counsei appearing on behalf of the petitioner, submits that the peiitioner is inclined to repaythe out standing of ioan but she is not in a position to make the entire payrnent at a giance. She $ubmits that she may be permitted to withdraw this vvrit petition with iibertytothe petitioner tofilea representation before the respondent, rnaking offer to pay substantial amount by firstinstaiiment. W.P.fC) No.98S/2011 fvlr. Vyas subrnits that if such a representation is fiied, the respondent wouid consider and decide the sarne in accordance with law. Permission granted. T'ne writ petition is permitted to 'oe withdrawn with ihe aforesaid liberty granted in favour of the petitioner. The vvrit peiition stands finaily disposed of. Certified copy as per ruies. Sdt- . SunH Kumar Sinlia Judge