- (1.) The Court: The petitioner in this WP under art.226 dated February 17, 2012 is seeking the following principal relief: (a) A writ in the nature of Mandamus quashing the purported notice issued u/s 13(2) and 13(4) of the statute of the SARFAESI Act, 2002 in respect of the Flat on the 3rd Floor, premises no. 30, Holding No. 30, Mandir Tala Bus Stand, P.S. Shibpur, Kshetra Mohan Banerjee Lane, District : Howrah, PIN 711 102.
(2.) The petitioner borrowed money from ICICI Bank Limited, a private bank and hence not amenable to the writ jurisdiction of this Court. His failure to repay the loan led to classification of his account as non-performing asset. The bank assigned its right to one Asset Reconstruction Co. (India) Ltd. (in short ARCIL), a private company and hence not amenable to the writ jurisdiction of this Court.
(3.) The authorised officer of ARCIL issued a notice dated March 5, 2010 under s.13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner submitted a representation against the notice. By a decision dated April 17, 2010 the authorised officer disposed of the representation. The petitioner was asked to pay the outstanding debt.;