- (1.)BY filing this writ under Article 226/227 of Constitution of India, the Petitioner seeks to assail the notice issued under Section 13 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Ordinance, 2002, dated 30-1-2002 (Annexure P3/p4) issued by Respondent Bank, calling upon the petitioner to pay the outstanding towards several credit limits/facilities alleged to be extended to petitioner for running their business.
(2.)HEARD Shri A. K. Sethi, L/c for the Petitioner.
(3.)IN substance the grievance of the Writ Petitioner is that notice under Section 13 (2) ibid sent by the Bank (Respondent) is bad on facts. Accordingly to Petitioner they have discharged their outstanding. It is also their case that when Respondent has with them some property available for realisation of the dues, then no notice in question could be served the Petitioner are on in any event it should have been served. It is also the grievance of the Petitioner that they have replied to the impugned notice by submitting a detail factual reply dated 3-1-2003 (Annexure P/5) as also lawyers reply on their behalf dated 21-1-2003 (Annexure P/6) but the same has not been considered nor taken note of and hence writ to challenge the impugned notice.