Ram Nandan Mishra And Anr vs Icici Bank Ltd And Ors on 25 August, 2011

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Rajasthan High Court
Ram Nandan Mishra And Anr vs Icici Bank Ltd And Ors on 25 August, 2011
    

 
 
 

 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN 
AT JAIPUR BENCH, JAIPUR

O R D E R 

S.B.CIVIL WRIT PETITION No.10833/2011
Ram Nandan Mishra & Anr.
vs.
ICICI Bank Ltd. & Ors.

DATE: 25th  August, 2011

HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN
 
Mr.Sanjay Gangwar, for petitioners
Mr.Anant Bhandari, for respondents. 
              
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Heard learned counsel for the parties.

2. This writ petition is directed against impugned notice dated 30th May, 2011 issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as an Act ).

3. Learned counsel for petitioner submitted that a notice was served upon respondent bank on behalf of petitioners, but details of their loan have not been furnished by respondents to them, whereas learned counsel for respondents submitted that vide Annex.8 dated 28th July, 2011, a detail order has been passed in respect of submissions made in the notice served by Advocate on behalf of the petitioners.

4. During the course of arguments, learned counsel for petitioners submitted that petitioners may be permitted to withdraw this writ petition with liberty to file objection under Section 13(3A) of the Act against impugned notice issued under Section 13(2) of the Act and respondents may be directed to decide the same in accordance with law at the earliest.

5. Learned counsel for respondents has no objection in it.

6. Consequently, writ petition as well as stay application both are dismissed as withdrawn with liberty, as prayed for. It is directed that in case objection under Section 13(3A) of the Act is filed within two weeks then respondents will consider the same and pass necessary order thereon within two weeks thereafter.

(NARENDRA KUMAR JAIN),J.

Sanjay

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