JUDGEMENT
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(1.) The petitioners in this WP under art.226 dated February 13, 2012 is
seeking the following principal relief:
"a) A Writ of Mandamus declaring that the measures taken by the Respondent
authorities in taking possession of the security assets allegedly on 20.01.2012 and the
purported notice dated 24.01.2012 published in Aazkal Patrika a Bengali Daily
purportedly Under Section 13(4) of the securitisation and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002 are bad, illegal, null and void and
are liable to be set aside and/or quashed."
(2.) Advocate for the petitioners submits as follows. In response to the notice issued
by the authorised officer of the Central Bank of India under s.13(2) of the Securitisation
and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
the petitioners submitted a representation. Without communicating the decision under
s.13(3A) the authorised officer of the bank has taken measures under s.13(4) of the Act.
(3.) It is evident from the s.13(4) notice dated September 16, 2010 that the s.13(2)
notice was issued by the authorised officer of the bank as back as June 28, 2010. The
s.13(4) notice has been published in the newspaper on January 24, 2012; and referring
to this, this WP has been filed.;
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