Posted On by &filed under Allahabad High Court, High Court.


Allahabad High Court
Mohd. Gulzar vs State Of U.P. And Others on 4 August, 2010
Court No. - 36

Case :- WRIT - C No. - 39800 of 2010

Petitioner :- Mohd. Gulzar
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Satyendra Narayan Singh,Jagdish Prasad Mishra
Respondent Counsel :- C.S.C.,Jashwant Isngh

Hon'ble Sheo Kumar Singh,J.

Hon’ble Rajesh Chandra,J.

Counter affidavit and rejoinder affidavit filed today is taken
on record.

The prayer has been made in this petition that the impugned
notice/order dated 18.6.2010 may be quashed and the
recovery proceedings may be stayed.

It has been requested that the respondent-bank may decide
the objections filed under Sections 13(3A) of the
Securitization Act.

A perusal of the petition shows that the loan was taken by
the petitioner and there was default in the payment of the
instalment and the proceedings under Section 13 (2) of the
Securitizatioin Act were initiated.

The contention of the learned counsel for the petitioner is
that the objections under Section 13(3A) were filed against
that notice on 16.11.2009 but these objections were not
decided by the Bank. In this background the petitioner was
compelled to file C.M.W.P. 10606 of 2010 which was
decided vide order dated 10.3.2010.

It was ordered by the Court that the petitioner shall file a
fresh objection annexing copy of the earlier one and
thereafter the decision will be taken by the Bank.

Further contention of the petitioner is that after the order
dated 10.3.2010 the petitioner sent the objections by
registered post on 25.3.2010 and thereafter on 29.3.2010
but the same were not received by the Bank.

The contention of the Bank on the other hand is that the
objections filed under Section 13(3A) of the Securitization
Act has yet not been received by the Bank and as such
there is no question of deciding the objections.

We have heard both the parties and also gone through the
record.

The objections dated 16.11.2009 have been filed with this
petition as annexure 2 and the copy of these objections are
there with the counsel for the Bank.

The counsel for the petitioner has send these objections to
the Bank for disposal of the objections filed by the petitioner
under Section 13(2) of the Securitization Act.

The decision on these objections will be taken preferably
within next four weeks from today.

The writ petition is finally disposed.

Order Date :- 4.8.2010
Prabhat


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