THE HON’BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI Writ Petition No.34321 of 2023 ORDER : (Per the Hon’ble the Chief Justice Alok Aradhe)

Heard Mr. V.V.Ramana, learned counsel for the petitioner.

2. In this petition filed under Article 226 of the Constitution of India, the petitioner-company has assailed the validity of the action of respondent No.2- Union Bank of India (UBI) in seeking to recover the possession of the vehicles belonging to it.

3. Admittedly, the petitioner had obtained financial assistance from UBI and had defaulted in repayment of the amount of loan. It is also not in dispute that the UBI has invoked the provisions of Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (briefly ‘the SARFAESI Act’ hereinafter) and notice dated 07.08.2023 has been served on the petitioner. The petitioner has filed a response to the aforesaid notice.

4. It is the grievance of the petitioner that UBI is trying to take possession of the vehicles belonging to it.

5. The aforesaid action is a measure under Section 13(4) of the SARFAESI Act. The Supreme Court in United Bank of India v.