Rajasthan High Court - Jodhpur
Smt. Vishnu Kanwar vs Authorized Officer, Wonder Home ... on 10 November, 2021
Bench: Dinesh Mehta
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
(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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