IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7089 of 2009 M/S MOTIPUR HIGHWAY SERVICE Versus THE ALLAHABAD BANK & ORS 2 29.6.2009 KHAN The petitioner prays for quashing of the notice dated 9.4.2009 bearing Ref. No. ZO/MUZ/RECO/17 issued under the signature of respondent- Authorised officer, Allahabad Bank, Zonal office, Muzaffarpur under section 13(2) of the SARFAESI Act, 2002. Learned counsel for the petitioner submits that in view of section 31(5) of the Act the respondent could in no way attach the agricultural lands which have been mortgaged to the Bank. He further submits that the respondent Bank is aggrieved as the petitioner has earlier successfully moved the writ petition against the Bank. Mr. Mukundji, learned counsel for the Bank submits that the petitioner instead of filing objection under section 13(3-A) of the Act has rushed to this court. He further submits that the Bank would examine the issue on its own merits and the order of the earlier writ petition of the petitioner was passed on different issue. After hearing learned counsel for the parties, this court provides an opportunity to the petitioner to file his objection under section 13(3-A) of the Act before the respondent Bank within ten days from today. In case such an objection has been filed, the respondent Bank would dispose of the same on its own merits. Till the objection of the petitioner is not disposed of, the Bank would not take any steps under section 13(4) of the Act. With the aforesaid observations and directions, this writ petition stands dismissed. (S.P.Singh,J) - 2 -