JUDGMENT :

Jaswant Singh, J.

The petitioner has preferred this writ petition to challenge the notice dated 07.10.2021 issued under Section 13(4) of the SARFAESI Act, 2002 (for short “the Act, 2002”) whereby symbolic possession of the mortgaged property was undertaken, prayed for to keep the E-auction scheduled on 28.10.2021 in abeyance and to further direct the Opposite Party/Bank to consider the OTS proposal of the petitioner.

2. The brief facts of the case are that the petitioner, i.e., Mr. Dipti Prasad Das availed a Cash Credit limit loan of Rs.5 crores from the Opposite Party/Bank on 28.06.2013 by mortgaging his immovable property located at Plot No.166/2027, 166/2031/2205, 163/567/2030, 166/656/2029, Khata No.157/297/A at Mouza Bhagababatipur, Chandaka to secure the loan. Due to financial indiscipline, the loan account was classified as NPA on 10.02.2016. Further, a demand notice under Section 13(2) of the Act, 2002 was issued on 18.02.2016 recalling outstanding amount of Rs.5,60,48,436.80 as on 31.01.2016. It is the claim of the petitioner that a notice under Section 13(4) of the Act, 2002 was initially issued on 12.10.2017 taking symbolic possession of the mortgaged property. T