- (1.) The petitioner herein has challenged the validity and/or legality of the notice dated June 6,2006 issued by the Solicitor of the secured creditor on the ground that the said Solicitor has no right and/or authority and/or competency to issue such notice under Section 32(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
(2.) Mr. Mitra, learned Advocate, appearing on behalf of the respondent No. 1 submits that the Solicitor, being the authorized representative of the secured creditor, is entitled to serve such notice.
(3.) It appears from sub-Section 12 of Section 13 of the aforesaid SARFAESI Act, 2002, that the rights of a secured creditor should be exercised by its authorized officers. Section 13(12) of the SARFAESI Act is quoted hereunder: "13 (12). The rights of a secured creditor under this Act may be exercised by one or more of his officers authorised in this behalf in such manner as may be prescribed.";