B.S. Walia, J.

Petitioner has sought the issuance of a writ of Certiorari for quashing of notice dated 3-2-2016 issued u/S.13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the Act) as also a Writ of Mandamus for commanding the respondents to adhere to the provisions of law as applicable to the State of Jammu and Kashmir while dealing with the unit of the petitioner on the ground that the Act was not applicable in the State of Jammu and Kashmir and that the petitioner unit had availed loan facility from the respondent Bank for establishment of its unit at Samba and that while the unit was functional, the respondent Bank had resorted to proceedings under the Act which as per the concluded judgment of this Court was not applicable in the State of Jammu and Kashmir.

2. That it needs noticing that the impugned notice u/S.13 (2) SARFAESI was issued, inter alia to M/s. Ind Swift Ltd., a Company registered under that Companies Act, 1956 with its registered office at 781, Industrial Area, Phase II, Chandigarh, PIN - 160002., Sh. Navrattan Munjal r/o House No. 382, Sector 6 Panchkula, Haryana, Sh. Gopal Munjal r/o House No. 1085 Sector 7 Panchkula, Haryana, Sh. Sanjiv Rai Mehta r/o House No. 333 Sector 6, Panchkula Haryana, Sh. Rishav Mehta r/o House No. 322 Sector 6 Panchkula Haryana, Sh. Himanshu Jain r/o House No. 1133 Sector 21 B, Chandigarh, Smt. Nidhi Munjal r/o House No. 382 Sector 6, Panchkula, Haryana, Smt. Neeta Munjal r/o House No. 1085 Sector 7, Panchkula, Haryana by the Punjab National Bank, Asset Recovery Management Branch, Sector 17 B Chandigarh, on behalf of all Banks including the Bank of India from which the Company had availed credit facilities.

3. That a perusal of the impugned notice reveals that the same specifically mentions that the securities contemplated therein do not cover Stock/Book Debt/Plant and Machinery/Furniture Fixture etc., whether present or future relating to the State of Jammu and Kashmir. In addition thereto, perusal of the writ petition reveals the same having been filed by Ind Swift Ltd, IGC Phase 1, Samba, Jammu and Kashmir i.e. a unit of the Company having its registered office at Chandigarh against the Bank of India through its Jammu Branch without impleading the Lead Bank issuing the impugned notice and situated outside the State of Jammu and Kashmir.

4. That a perusal of the impugned notice, Annexure B, reveals that the book outstanding of the Company and persons named above as on 31st of December, 2015 qua the Bank of India on account of non-payment of term loan was Rs.3,87,15,494/-, on account of Corporate Loan was Rs.18,61,19,548/-, on account of FITL outstanding was Rs.5,19,49,307/- while on account of External Commercial Borrowings (ECB) the outstanding was Rs.56,19,47,070/-. Likewise details of book outstanding of the Company as on 31-12-2015 of other Banks have also been given in the impugned notice.

5. That the grievance of the petitioner is that the Bank had proceeded to issue the impugned notice despite fully knowing that SARFAESI was not applicable to the State of Jammu and Kashmir, that in view thereof, the Bank was not entitled to recover the loan from the petitioner by taking recourse to the provisions of the Act. Reliance has also been placed on Annexure F, dated 8th September, 2014 issued by the Bank of India, Jammu, Mid Corporate Branch to the Managing Director of the Company at Chandigarh confirming receipt of payment from the Company, PPC charges in respect of ECB sanctioned to the Company and further mentioning that the ECB was managed and handled by the Jammu, Mid Corporate Branch of Bank of India.

6. That in paragraph No. 8 of the writ petition, apart from taking up the plea that the case was covered by the judgment delivered by this Court, it has categorically been mentioned 'Since the issue involve is about the taking over of immovable property of the petitioner situated wi