Alok Kumar Verma, J
1. The present writ petition under Article 226 of the Constitution of India has been filed with the following prayers : -
“(l) Issue a writ, order or direction in the nature of certiorari quashing the impugned 'notice to borrower with the time limit of 60 days' U/ s 13(2) of
the SARFAESI Act 2002 of dated 08-01-2025 (contained as Annexure no. 8 to this writ petition).
(ll) Issue a writ order or direction in the nature of mandamus directing the respondent no. 2 to recover the actual loan amount taken against the land/
shop/ restaurant in easy installments fixed by this Hon'ble Court, so that the actual borrowed amount may be repaid.
(lll) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 not to take any coercive action against the petitioner with
regard to the property of the petitioner.
(lV) Issue any other writ, order or direction which this Hon'ble Court may deem just and proper in the circumstances of the case.
(V) Award the costs of the writ petition in favour of the petitioner.â€
2. Heard Mr. D.N. Sharma, learned counsel for the petitioner and Mr. Siddhartha Jain, learned counsel for the respondent nos. 1 & 2.
3. Mr. D.N. Sharma, Advocate, has submitted that on 08.01.2025, the respondent no.2 sent a notice under Section 13 (2) of the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner sent a representation dated 30.01.2025 to the
respondent no.2. The said representation is still pending.
4. Mr. D.N. Sharma, Advocate, has requested to decide the present writ petition directing the respondent no.2 to decide the said representation dated
30.01.2025 as expeditiously as possible.
5. Mr. Siddhartha Jain, Advocate, on behalf of the respondent no.2 has sought four weeks’ time to decide the said representation.
6. With the consent of both the parties, the present writ petition (WPMS 257 of 2025) is disposed of with a direction to the respondent no.2 to decide
the said representation dated 30.01.2025 as expeditiously as possible but not later than four weeks from the date of production of a certified copy of
this order.
7. It is made clear that this Court has not expressed any opinion on the merit of the case.
