Petitioner challenges Ext.P4 notice which has been issued by the bank under Sec.13(2) of the SARFAESI Act. The apprehension of the petitioner is with reference to measures that might be taken under Section 13(4) against the property of the petitioner. Petitioner complains that the bank had already filed an original application before the Debt Recovery Tribunal for determination of the amount due to the petitioner, in which he filed a written statement, inter-alia contending that the petitioner is entitled for Agricultural Debt Waiver & Debt Relief Scheme, 2008. 2. The learned counsel appearing for the 1st respondent however, submits that the petitioner is not entitled for any benefit under the Agricultural Debt Waiver & Debt Relief Scheme, 2008 and a reply to that effect had been issued as Ext.P6.
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3. The entitlement of the petitioner for the benefits under the Debt Relief Scheme of 2008 is not a matter which should be adjudicated by this court in view of the factual dispute involved in the issue. If the petitioner has taken a ground in the written statement filed in the OA, it is for the Tribunal to consider the same and pass appropriate orders.
4. Having regard to the present position, this court cannot interfere at a stage when Sec.13(2) notice had been issued. The petitioner had given a reply to the said notice for which the bank had, after considering the representation, sent a letter as Ext.P6. Petitioner's right to challenge further proceedings arises only after proceedings are taken under Sec.13(4) of the Act and it is always open for the petitioner to approach the Debt Recovery Tribunal by filing necessary application under Section 17 of the Act.
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5. Having regard to the said factual situation, I do not think that this Court can exercise the discretion to interfere with the proceedings taken by the bank under Sec.13(2) of the Act.
With the above observation, this writ petition is dismissed.
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A.M. SHAFFIQUE JUDGE das