THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE NOUSHAD ALI DATED: 10-02-2010 WRIT PETITION No. 12029 OF 2009 Between: Smt. T. Amrutha Valli ..... PETITIONER AND The Authorised Officer, Union Bank of India, Regional Office, 2nd Floor, Imeprial Towers, Magunta Lay-out, Nellore and another .....RESPONDENTS THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No. 12029 OF 2009 ORDER: (per Sri A. Gopal Reddy, J) The petitioner who opened a cash credit term loan with the respondent – Bank was served with notice dated 26-02-2009 under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’) intimating that the outstanding amount as on 31-01- 2009 is a sum of Rs.18,61,067/- and calling upon her to liquidate the loan amount together with contractual rate of interest from 01-02-2009 within 60 days for which she submitted a representation requesting the respondent – Bank to furnish her statement of account and other documents to verify whether the figure arrived at by the bank on calculation of the interest is in accordance with the agreed rate of interest or not. The respondent – Bank issued reply notice stating that the documents which were executed by the borrower and the surety in favour of the Union Bank of India, Kadapa are confidential documents and they will not be sent to anybody and the petitioner is at liberty to peruse the documents by visiting the bank. Aggrieved by the same, the petitioner approached this Court contending that unless the documents are furnished to her, she is handicapped for filing objections under Section 13 (3A) of the SARFAESI Act and that unless the documents asked by her are furnished to her, the respondent – bank should be restrained from proceeding further pursuant to the notice dated 26-02-2009. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent – Bank. This Court by order dated 19-06-2009 stayed further proceedings on condition of the petitioner depositing an amount of Rs.1,00,000/- within six weeks. It is represented that the said order has been complied with. The learned counsel appearing for the respondent – Bank has submitted that the bank has no objection for furnishing the xerox copies of the documents sought for by the petitioner for enabling her to file objections. Having regard to the submission made by the learned counsel appearing for the respondent – Bank, the respondent – Bank is hereby directed to furnish the xerox copies of the documents sought for by the petitioner on her paying the costs for the same, within 15 days from the date of receipt of a copy of this order. The petitioner shall file her objections and on a condition that she deposits a further sum of Rs.2,00,000/- within four weeks from today, the respondent – Bank shall consider the objections and intimate the order to be passed on such objections to the petitioner and proceed further thereafter. If the petitioner commits default in payment of the amount, the respondent – Bank is at liberty to proceed further in accordance with law. The writ petition is accordingly disposed of. A. GOPAL REDDY, J NOUSHAD ALI, J 10-02-2010 Note: Furnish copy in one week. B/O ks