HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 15575/2021

1.

Smt. Vishnu Kanwar W/o Late Kishan Singh Rathore,

Aged About 31 Years, Resident Of House No. 21, Green

Park Colony, Near Anukampa Sky Deck, 100 Feet Road,

Pansal Choraha, Bhilwara, Rajasthan 311001.

2.

Ishan Singh S/o Late Kishan Singh Rathore, Aged About 3

Years, Through Natural Gaurdian Smt. Vishnu Kanwar

(Mother), Resident Of House No. 21, Green Park Colony,

Near Anukampa Sky Deck, 100 Feet Road, Pansal

Choraha, Bhilwara, Rajasthan 311001.

3.

Rishiraj Singh S/o Late Kishan Singh Rathore, Aged About

9 Years, Through Natural Gaurdian Smt. Vishnu Kanwar

(Mother), Resident Of House No. 21, Green Park Colony,

Near Anukampa Sky Deck, 100 Feet Road, Pansal

Choraha, Bhilwara, Rajasthan 311001.

----Petitioners

Versus

1.

Authorized Officer, Wonder Home Finance Ltd., Office At

620, 6Th Floor, North Block, World Trade Park, Malviya

Nagar, Jln Road, Jaipur-302017.

2.

Vijay Singh Rajput S/o Shri Goverdhan Singh, Resident Of

Bagor Ke Pass, Gaon Chandras, Tehsil Mandal, District

Bhilwara (Co-Applicant Of Loan).

3.

Jagdish Kumawat S/o Shri Dalu Ram Kumawat, Resident

Of Opposite Subhash Road, Near Shree Ram

Communication Kankroli, Rajsamand, (Guarantor).

----Respondents

For Petitioner(s)

:

Mr. Sumit Singhal

JUSTICE DINESH MEHTA

Order

10/11/2021

1.

By way of the present writ petition the petitioners have

challenged the notice dated 02.09.2021, issued by respondent

(2 of 2)

[CW-15575/2021]

under Section 13 (2) of Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act, 2002

(hereinafter referred to as the ‘SARFAESI Act’).

2.

The petitioners have rushed to the Court without filing any

objection/reply in terms of Section 13 (3A) of the SARFAESI Act.

3.

Without entertaining the present writ petition, the writ

petition is disposed of with a direction to the petitioners to

approach the respondent – Bank by way of a representation along

with applicable judgment or circular of the RBI within a period of

two weeks, highlighting their grievance and with a request to

supply the documents.

4.

In case, a representation is so addressed within the aforesaid

period, the competent authority of respondent – Bank shall

consider and decide the same in accordance with law as early as

possible within a period of four weeks in accordance with law.

5.

It is made clear that aforesaid direction to decide the

representation has been issued only with a view to ensure

expeditious redressal of petitioners’ grievance. The same may not

be construed to be an order to decide the representation in a

particular manner.

6.

The stay application also stands disposed of accordingly.

(DINESH MEHTA),J

53-A.Arora/-