S Manikumar, J.

Borrower who has committed default and aggrieved by the measures under Section 13(4) of the SARFAESI Act, 2002 and the consequential sale notice dated 24.04.2018 issued by the State Bank of India, represented by its Authorized Officer, Coimbatore, who has brought the secured assets for auction, has filed the instant writ petition, challenging the demand notice dated 29.11.2016 issued under Section 13(2) of the SARFAESI Act, 2002 dated 14.03.2017, notice issued under Section 13(4) of the Act and the consequential sale notice dated 24.04.2018, and sought for a writ of certiorari, to quash the same.

2. Brief facts summarised from the supporting affidavit and material available on record are that in the year 2013, State Bank of Patiala, Tiruppur, granted financial assistance of Rs.2.5 Crores to the borrower M/s.Rakshana Cotton Mills, represented by its Proprietrix Mrs.R.Premalatha, Thyennampalayam, Tiruppur. Financial assistance was secured by the personal guarantee of Mr.M.Ravichandran and Mrs.B.Saraswathi, guarantors, whose properties have been offered as secured assets.

3. State Bank of Patiala, Tiruppur Branch, caused a notice dated 29.11.2016, under Section 13(2) of SARFAESI Act, 2002, demanding a sum of Rs.2,74,70,348/- as on 29.11.2016, with future interest at the contractual rate, on the aforesaid sum together with incidental expenses, costs, charges, etc. to be paid, failing which, bank would initiate further action.

4. On 23.01.2017 M/s.Rakshana Cotton Mills, Tiruppur has sent a proposal for one time settlement for Rs.1.25 Crores. Thereafter, on behalf of M/s.Rakshana Cotton Mills, Tiruppur, represented by its Proprietrix and the guarantors, a lawyer's notice dated 28.01.2017, has been sent to the Authorized Officer, State Bank of Patiala, Tiruppur Branch, Tiruppur, calling upon the latter to withdraw the demand notice dated 29.11.2016 issued under Section 13(2) of the SARFAESI Act, 2002 and not to take further action under the said Act.

5. Thereafter, State Bank of Patiala, Tiruppur, has issued possession notice dated 14.03.2017 under Section 13(4) of the SARFAESI Act, 2002 read with Rule 8(1) of the Security Interest (Enforcement) Rules, 2002. Amount mentioned in the said notice is Rs.2,87,20,763/- as on 01.03.2017 and interest thereon.

6. Thereafter, in April 2018, State Bank of Patiala, Tiruppur Branch got merged with State Bank of India.

7. Following the merger, the Authorized Officer, State Bank of India, Stressed Assets Recovery Branch, Coimbatore, issued a sale notice dated 24.04.2018 under Rule 8(6) of the Security Interest (Enforcement) Rules, 2002, bringing the secured assets for e-auction on 29.05.2017. Paper publication dated 28.04.2018 has been effected. Thereafter, M/s.Rakshana Cotton Mills, Tiruppur, petitioner sent a letter dated 05.05.2018, to the Assistant General Manager, Stressed Assets Recovery Branch, Coimbatore, offering one time settlement of Rs.1.75 Crores. On the above facts, Mrs.Premalatha, Proprietrix of M/s.Rakshana Cotton Mills, Tiruppur, has filed the instant writ petition, for the reliefs stated supra.

8. Among other grounds, major thrust of the petitioner is that there is a violation of Section 13(3-A) of the SARFAESI Act, 2002 and that representation/objections dated 28.01.2017 of the petitioner submitted under Section 13(3-A), has not been considered at all and that bank had proceeded to issue possession notice dated 14.03.2017 under Section 13(4) of the Act and also, Sale notice dated 24.04.2018, fixing the sale on 29.05.2018.

9. Supporting the grounds, reliance has been made to paragraph Nos.30 to 34 of the judgment of the Hon'ble Apex Court in ITC Limited Vs. Blue Coast Hotels Ltd., & others, (2018) 2 CTC 569. Further contention has been made that the details of the declaration of NPA are not furnished in the notice dated 29.11.2016, issued under Section 13(2)