High CourtsSingle Bench

Dinesh Sharma vs Bank of Baroda

Uttarakhand High Court · Decided on 23 June 2021 · Citation: (2021) 06 UK CK 0102

HON’BLE JUDGES
Manoj Kumar Tiwari, J
ACTS & SECTIONS REFERRED
Securitisation And Reconstruction Of Financial Assets Andenforcement Of Security Interest Act, 2002 — Section 13(2), 13(3)A
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/S) No. 1156 Of 2021
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Judgment

9 paragraphs · 140 words

Manoj Kumar Tiwari, J

1.

Petitioner is a borrower, who took loan from Bank of Baroda, Branch Haridwar. Since he defaulted in repayment of the loan, therefore, a notice

under Section 13 (2) of SARFAESI Act, 2002 has been issued against him by the respondent. Thus, feeling aggrieved, petitioner has approached this

Court.

2.

Learned counsel for the respondent-Bank submits that petitioner has a remedy of approaching the Bank under Section 13 (3)-A of SARFAESI

Act. He further assures the Court that if petitioner makes representation under the said provision, the same shall be considered sympathetically by the

Competent Authority.

3.

Since petitioner has statutory remedy of making representation under Section 13 (3)-A of SARFAESI Act, therefore, the writ petition is disposed of

with liberty to petitioner to approach the Bank Authority under the said provision on or before 04.07.2021.