1. Proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) is under challenge in this writ petition. Consequent to default committed in repayment of a loan availed by the petitioner from the 1st respondent Bank, a suit was filed in the year 1997, which was decreed in favour of the 1st respondent as per Ext.P2, on 30.10.1998. It is contended that no execution petition was filed within the limitation period of 12 years. According to the petitioner the proceedings under the SARFAESI Act was initiated only in December 2009, and steps as contemplated under Section 13(4) was intimated through Ext.P1 notice, issued only on 17.1.2011. Under such circumstances the proceedings is challenged on the ground that it is barred by limitation, as prescribed under Section 36 of the SARFAESI Act.

2. In the counter affidavit filed on behalf of respondents it is mentioned that an execution petition was filed before the Sub Court within the period of limitation, and the petitioner had already entered appearance and raised contentions regarding maintainability of the execution petition in that Court, on th