Contending that the first respondent has issued a fresh notice under section 13[2] of the SARFAESI Act, when proceedings are pending before the Debts Recovery Tribunal in respect of the earlier notice under section 13[2], the petitioner has come up with the present writ petition.

2.Heard Mr.Bharatha Chakravarthy, learned counsel for the petitioner and Mr.Kalyanaraman, learned counsel for the respondents.

3.Admittedly, a notice under section 13[2] was issued on 210. 2002 and a possession notice was also issued under section 13[4] on 01.07.2004. As against the said possession notice, the petitioner has already approached the Debts Recovery Tribunal by way of an appeal under section 17 of the SARFAESI Act. A conditional order of stay is stated to have been passed in the said appeal and the petitioner claims to have complied with the conditional order. The appeal is pending consideration still before the Debts Recovery Tribunal.

4.At this stage, the first respondent has issued a second notice under section 13[2].

Therefore, the petitioner has come up with the present writ petition challenging the notice under section 13[2] on the short ground that the first respondent is not