IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2484 of 2011 ----------- Uma Kant Prasad Nirala, son of Bisundeo Paswan, resident of Usufpur East of R. N. College, Indrapuri Colony, Hajipur, P.O. & P.S. Hajipur, District Vaishali. ….. Petitioner Versus 1. Canara Bank Branch Hajipur, P.O. & P.S. Hajipur, District Vaishali through its Senior Branch Manager. 2. The Senior Manager, Canara Bank, Branch Hajipur, At+P.O.+P.S. Hajipur, District Vaishali 3. Authorised Officer, Canara Bank, Branch Hajipur, At+P.O.+P.S. Hajipur, District Vaishali 4. General Manager, Canara Bank, Lav & Kush Tower, Exhibition Road, Patna. 5. 5. Senior Manager, R & L Section, Canara Bank, Circle Office, Lav & Kush Tower, Exhibition Road, Patna. … Respondents -------- For the Petitioner : M/s Ibrar Hussain & A.K. Saxena, Advocates. For the Respondents : Mr. Onkar Kumar, Advocate -------- 03/ 15.03.2011 Heard learned counsel for the petitioner and learned counsel for the respondent-Bank and its authorities. 2. The petitioner is the owner of a Petrol Filling Station and has been provided cash credit facility to the limit of Rs. 12 lacs by the respondents against the security of his F.D.R. deposit amount of Rs.08,50,000.00 and subsequently the aforesaid cash credit facility was also enhanced. However, subsequently a proceeding under section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as `the Act’ for the sake of brevity) was initiated by respondent-Bank and a notice under section 13(2) of the Act was issued by respondent-Bank on 01.09.2010 (Annexure 1) to 2 the petitioner, against which he filed C.W.J.C. No. 17798 of 2010, which was dismissed by a Bench of this Court vide order dated 28.10.2010(Annexure 5) with liberty to the petitioner to file a representation/objection under section 13(3-A) of the Act within one week, whereafter the Bank shall consider it in accordance with law. On the basis of the aforesaid observation of a Bench of this Court, the petitioner filed an objection under section 13(3A) of the Act on 04.11.2010 (Annexure 6), which was refused by the authorities of the Bank vide letter dated 11.11.2010 (Annexure 1 series ). Against the said communication, the instant writ petition has been filed by the petitioner showing deficiency and lacuna in the aforesaid notice and communication. 3. However, in the meantime steps have admittedly been taken by the respondent-authorities under section 13(4) of the Act. Against the said steps an appeal under section 17 of the Act is provided, in which the petitioner will have the remedy to raise all the points which he has taken against the communication and notice, which the appellate-authority will have to consider and decide. 4. In the said circumstances, this writ petition is disposed of with a liberty to the petitioner to file an appeal under section 17 of the Act before the appropriate forum. MPS/ ( S. N. Hussain, J. )