Court No. - 39
Case :- WRIT - C No. - 21745 of 2021 Petitioner :- Sanjeev Kumar Respondent :- Union Of India And 2 Others Counsel for Petitioner :- A.K.Chaudhary Counsel for Respondent :- A.S.G.I.,C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Deepak Verma,J.
The instant petition has been filed challenging an intimation issued by respondent No.3 a secured creditor that the account of the petitioner with it has been classified as non performing assets on 12.07.2021 under the guidelines of Reserve Bank of India. The petitioner has also prayed for a mandamus directing the third respondent to grant some time to him for depositing the balance amount.
Learned counsel for the petitioner during course of arguments admitted that notice under Section 13(3) has been issued to the petitioner by respondent No.3 about a week back.
Sub section (3A) of Section 13 stipulates that on receipt of notice under sub section (2) a borrower can make representation raising objections. The secured creditor shall consider such representation or objection and if it is not acceptable, he shall communicate within 15 days of receipt of such representation the reasons for non acceptance.
The petitioner having received notice under Section 13(3) has right to file objection to the same and whereupon the law mandates that it shall be decided by the secured creditor by a speaking order.
Accordingly, it is open to the petitioner to raise objection against notice under Section 13(3) and in which event it goes without saying that respondent No.3 shall decide the same by a speaking order.
The petition stands disposed off accordingly.
Order Date :- 27.9.2021 Nitin Verma (Deepak Verma, J.) (Manoj Kumar Gupta, J.)