The court ruled that a notice under Section 13(2) of the SARFAESI Act, issued post-interim order, cannot be deemed fraudulent.

(Order of the Court was made by N.SATHISH KUMAR, J.)

The petitioner challenges the notice issued by the Bank under Section 13(2) of the SARFAESI Act, 2002.

2. The main contention raised in this writ petition is that the notice has been issued fraudulently, suppressing the earlier proceedings.

3. We have gone through the entire papers. Initially, a possession notice had been issued and the possession has also been taken under Section 14 of the Act, which has been challenged before the Debt Recovery Tribunal in S.A.No.291 of 2023, wherein there was an interim order for the payment of certain amount. Since the petitioner has made the payment, the interim stay has been made absolute. Later, the very S.A. was dismissed for default. After the appeal has been dismissed, now once again the notice has been issued by the Bank. Hence, we are of the view that it cannot be said that the notice issued under Section 13(2) of the Act is fraudulent. Hence, we do not find any merits in this writ petition.

4. With these observations, this Writ Petition is dismissed.

However, it is open to the petitioner to challenge the notice in the manner known to law before the appropriate Tribunal. No costs. Consequently, connected miscellaneous petitions are closed.