IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20304 of 2010 SHAHZADA RAFI AHMAD, SON OF MD. YUNUS, RESIDENT OF 2, ABHISHEK PLAZA, EXHIBITION ROAD, P.S. GANDHI MAIDAN, TOWN & DISTRICT PATNA……PETITIONER. VERSUS 1. THE BANK OF BARODA THROUGH ITS MANAGING DIRECTOR, BARODA CORPORATE CENTRE, PLOT NO.C-26, 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. THE AUTHORIZED OFFICER, BANK OF BARODA, MAIN BRANCH, FRAZER ROAD, PATNA…….RESPONDENTS. For the petitioner : Mr. Rajesh Mohan, Advocate. For the Bank : None. ----------- 02/ 20.12.2010 Heard learned counsel for the petitioner. 2. This writ petition has been filed by the petitioner for quashing of notice dated 14.10.2010 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 Act’ for the sake of brevity) by which the respondent Bank purported to take possession of the secured assets of the petitioner towards adjustment of their debts under section 13(4) of the Act as well as for a direction to the respondent Bank to comply the mandatory provision of section 13 (3A) of the Act and for other ancillary reliefs. 3. From the provision of the aforesaid Act, it is quite apparent that any person (including the borrower), aggrieved by any of the measures referred to in sub-section (4) - 2 - of Section 13 taken by the secured creditor or his authorized officer under this Chapter, may make application along with such fee, as may be prescribed, to the Debts Recovery Tribunal having jurisdiction in the matter within forty-five days from the date on which such measures had been taken. This provision is specifically provided under section 17 of the Act. 4. In the said circumstances, this writ petition is disposed of with a liberty to the petitioner to avail the said provision. Harish (S.N. Hussain, J.)