Court No. - 40
Case :- WRIT - C No. - 14716 of 2018 Petitioner :- Surya Auto Mobile Bakandha Respondent :- State Bank Of India Counsel for Petitioner :- Vijay Shanker Singh Counsel for Respondent :- Satish Chaturvedi
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Shashi Kant,J.
Heard Ms. Kamla Singh, learned counsel for the petitioner.
The petitioner has come up questioning the correctness of the recovery proceedings under the SARFAESI Act, 2002 by the respondent bank that has served a notice under Section 13 (2) of the SARFAESI Act, 2002.
The reason for rushing up to this Court is that the petitioner is in need of money keeping in view the marriage of the sister of the petitioner Anil Kumar. It is also urged that his mother's bank account has also been attached as a result whereof the petitioner is facing financial difficulty. The petitioner is prepared to clear off the dues of the bank provided some breathing time is given to the petitioner.
Having heard Sri P.P.Srivastava, learned counsel for the respondent bank we find that it is only a notice under Section 13(2) of the 2002 Act that has been served on the petitioner on 23.03.2018. The period prescribed under the statutory provisions of the SARFAESI Act, 2002 is still available for the petitioner to clear off the dues and to negotiate any settlement with the bank itself. The writ petition at this stage is absolutely pre-mature and we therefore leave it open to the petitioner to approach the respondent bank for any rescedulement and adjustment and it shall be open to the bank to consider the said request of the petitioner and take appropriate steps in accordance with law.
The writ petition is consigned to records with the said observations.
Order Date :- 24.4.2018 R./