Sabyasachi Bhattacharyya, J. - (1.) The Court : The present challenge is directed against a notice sent by the respondent bank to the petitioner for auction of a property on the ground of non-payment of a loan taken by the husband of the petitioner (since deceased). Learned counsel for the petitioner argues that the bank violated the order passed by the highest authority under the Right to Information (R.T.I.) Act by delaying the supply of documents asked for by the petitioner. However, in all fairness, learned counsel for the petitioner hands up a copy of such information, which was handed over later on by the bank, albeit beyond the period as directed by the R.T.I. authorities.
(2.) It is the further grievance of the petitioner that several notices under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) have been served on the petitioner, which were de hors the law. Learned counsel relies on several letters, copies of which have been annexed to the instant writ petition, to substantiate his case in that regard.
(3.) However, upon hearing both the sides, it is evident that there is a specific alternative statutory forum for challenging against a notice under Section 13(2) of the SARFAESI Act, 2002 and/or any procedure undertaken within the periphery of Section 13(4) of the 2002 Act. Hence, there is no scope of interference, more so on factual premises, by the writ court.;