V.RAMASUBRAMANIAN,J.

1. The writ petitioner challenges the notice issued by the Bank under Section 13(2) of the SARFAESI Act, 2002, on the short ground that after having obtained a Certificate of Recovery, in terms of the 1993 Act, the Bank was not entitled to switch over to the SARFAESI mode.

2. We have heard Mr.R.Gowthama Narayanan, learned counsel for the petitioner and Mr.Om Prakash, learned counsel for the respondent-Bank.

3. The petitioner was sanctioned a term loan facility by the respondent-Bank to the tune of Rs.13 lakhs, in terms of a Letter of Arrangement dated 17.9.2007. After the petitioner committed default and the account was classified as a non-performing asset, the Bank issued a legal notice dated 25.6.2010 and thereafter filed an application in O.A.No.155 of 2010 on the file of the Debts Recovery Tribunal III, Chennai, praying for the issue of a Recovery Certificate for a sum of Rs.12,87,903.37 together with interest at the contractual rate with monthly rests.

4. The petitioner remained ex parte before the Tribunal and the Tribunal passed an order on 23.9.2011, declaring the Bank to be entitled to a Certificate of Recovery. Accordingly, a Recovery Ce