MD. IMTIYAZ Vs. UNION OF INDIA

JUDGEMENT

(1.) In the instant writ application the petitioner prays for quashing of notice dated 28.11.2007 sent by Respondent no.3 to this petitioner in account of the C.C. Loan account no.5041 C.C. under section 2 of sub section 13 of SARFAESI Act, 2002 and the petitioner further prays for issuance of certain direction to the respondents to provide certain reasonable period for regularizing and updating the said loan amount which was declared NPA, whereas this petitioner time to time regularly making payment as evident from the statement of Account of the said Bank but some time he failed because of unavoidable circumstances and loss in his business. This petitioner further prays for fixing certain instalment per month so that this petitioner can pay fixed instalment regularly against his said loan account, the petitioner has no ill or ulterior motive, he is permanent resident of Gumla running the said business and want to repayment of his loan account for that certain reasonable period is required to him for clearance of the said loan account. It is admitted fact and evident from the statement of Account of the Bank given by the Bank given the said loan account that time to time payment was made by him but the same was declared none performing assents which deemed to be improper and violating required formalities they proceeded in the instant matter and sent notice to him under Section 2 of sub section 13 of SARFAESI Act 2002 (Securitization and reconstruction of financial assets and enforcement of Security Interest Act, 2002). The counsel for the petitioner submits that his objections filed on 1.2.2008 and 15.2.2008 has yet not been disposed of. The respondents are directed to dispose of the aforesaid objections of the petitioner within a period of two months by a speaking order in accordance with law from the date of receipt of this order. This writ petition is accordingly disposed of without any order as to costs.