SATISH CHANDRA RASTOGI Vs. STATE

JUDGEMENT

(1.) The present Writ Petition has been filed by the petitioner, interalia, praying for giving a direction to the respondents not to take any coercive action/measure against the petitioner, and further directing to fix easy instalments and furnish statement of account to the petitioner.

(2.) It appears that the petitioner took housing loan from the respondent no.3 ICICI Bank Ltd. The petitioner committed default in payment of the loan. Consequently, proceedings under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short "the Securitisation Act") have been initiated against the petitioner. A notice under Section 13(2) of the Securitisation Act was issued to the petitioner by the respondent no.4 claiming itself to be the assignee from the respondent no.3 in respect of the said loan. The copy of the said notice under Section 13(2) of the Securitisation Act has been filed as Annexure-1 to the Writ Petition.

(3.) Shri Manish Trivedi, learned counsel for the respondent no.3 submits that the petitioner had earlier filed a Writ Petition, being Civil Misc. Writ Petition No.45523 of 2010, impugning the measure taken against the petitioner by the respondent no.4 herein pursuant to the said notice under Section 13(2) of the Securitisation Act. Shri Manish Trivedi further submits that the said Writ Petition was disposed of by this Court by the order dated 4.8.2010 giving various directions, and thus, the present Writ Petition filed by the petitioner is second Writ Petition in regard to the same cause of action. Shri Manish Trivedi has produced before the Court a photostat copy of the certified copy of the order dated 4.8.2010, which is taken on record.