JUDGMENT :

1. The present writ petition is preferred by the petitioner seeking to assail the Possession Notice dated 19.12.2022 issued by the respondent Bank under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) read with Rule 8 of the Security Interest Enforcement Rules, 2002.

2. The case set up by the petitioner in this petition is that the Possession Notice has been put up on a property, which, as a matter of fact, was not mortgaged with the respondent Bank by way of secured assets and that the Bank has committed an error in putting the Possession Notice.

3. The respondent Bank has filed an affidavit disputing the averments made by the petitioner. In this affidavit, it is clearly stated that the proceedings for recovering the Bank dues by resorting the powers conferred under Section 13(4) of the SARFAESI Act are being taken on the secured assets and that there is no mistake in the description of the property in the Notice issued under Section 13(4) of the Act.

4. In view of these facts, apparently the writ petition herein involves seriously disputed question of facts. The petitioner has not file