HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15575/2021
1. Smt. Vishnu Kanwar W/o Late Kishan Singh Rathore, Aged About 31 Years, Resident Of House No. 21, Green Park Colony, Near Anukampa Sky Deck, 100 Feet Road, Pansal Choraha, Bhilwara, Rajasthan 311001.
2. Ishan Singh S/o Late Kishan Singh Rathore, Aged About 3 Years, Through Natural Gaurdian Smt. Vishnu Kanwar (Mother), Resident Of House No. 21, Green Park Colony, Near Anukampa Sky Deck, 100 Feet Road, Pansal Choraha, Bhilwara, Rajasthan 311001.
3. Rishiraj Singh S/o Late Kishan Singh Rathore, Aged About 9 Years, Through Natural Gaurdian Smt. Vishnu Kanwar (Mother), Resident Of House No. 21, Green Park Colony, Near Anukampa Sky Deck, 100 Feet Road, Pansal Choraha, Bhilwara, Rajasthan 311001.
----Petitioners Versus
1. Authorized Officer, Wonder Home Finance Ltd., Office At 620, 6Th Floor, North Block, World Trade Park, Malviya Nagar, Jln Road, Jaipur-302017.
2. Vijay Singh Rajput S/o Shri Goverdhan Singh, Resident Of Bagor Ke Pass, Gaon Chandras, Tehsil Mandal, District Bhilwara (Co-Applicant Of Loan).
3. Jagdish Kumawat S/o Shri Dalu Ram Kumawat, Resident Of Opposite Subhash Road, Near Shree Ram Communication Kankroli, Rajsamand, (Guarantor).
----Respondents For Petitioner(s) : Mr. Sumit Singhal JUSTICE DINESH MEHTA Order 10/11/2021
1. By way of the present writ petition the petitioners have challenged the notice dated 02.09.2021, issued by respondent (Downloaded on 10/11/2021 at 08:43:16 PM) (2 of 2) [CW-15575/2021] under Section 13 (2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the 'SARFAESI Act').
2. The petitioners have rushed to the Court without filing any objection/reply in terms of Section 13 (3A) of the SARFAESI Act.
3. Without entertaining the present writ petition, the writ petition is disposed of with a direction to the petitioners to approach the respondent - Bank by way of a representation along with applicable judgment or circular of the RBI within a period of two weeks, highlighting their grievance and with a request to supply the documents.
4. In case, a representation is so addressed within the aforesaid period, the competent authority of respondent - Bank shall consider and decide the same in accordance with law as early as possible within a period of four weeks in accordance with law.
5. It is made clear that aforesaid direction to decide the representation has been issued only with a view to ensure expeditious redressal of petitioners' grievance. The same may not be construed to be an order to decide the representation in a particular manner.
6. The stay application also stands disposed of accordingly.
(DINESH MEHTA),J 53-A.Arora/-
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