Judgment:
Prashant Thapak versus State Bank of India & Anr.
Writ Petition No.21120 ”
2. 1.2013: Shri Shobhitaditya, learned counsel for the petitioner.
Petitioner has approached this Court challenging a notice issued to petitioner under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
Petitioner has a right to file an objection before the competent authority and after objection is decided petitioner has remedy under Section 17 of the Debt Recovery Act of filing an appeal and, therefore, writ petition directly before this Court challenging proceedings under Section 13 of the SARFAESI Act is not maintainable.
Petition is accordingly dismissed with liberty to the petitioner to take recouRs.of remedy available under the statue.
(Rajendra Menon) Judge ss/-