Rakesh Awasthi v. State of H.P & Ors.

Coram The Hon(cid:146)ble Mr. Justice Kurian Joseph, Chief Justice The Hon(cid:146)ble Mr. Justice Rajiv Sharma, Judge. For the petitioner : Mr. A.K. Vashista, Advocate. For the Respondents : ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers: (cid:147)(i) That writ in the nature of certiorari may kindly be issued for quashing the impugned notice undated Annexure P-1, dt. 2.9.2011 issued to the petitioner by the respondents. (ii) That writ in the nature of mandamus may kindly be issued directing the respondents to reconcile the accounts and then allow reasonable time to the petitioner to repay the outstanding loan amount. (iii) That the entire proceedings initiated by the respondents against the petitioners may kindly be declared as illegal and violative of Section 13 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.(cid:148)

In the nature of the order, we propose to pass in this case, we do not think it necessary to issue notice to the 2 respondents. It is submitted that Annexure P-2 is pending with the third respondent. There will be a direction to the third respondent to look into the matter after affording an opportunity of hearing to the petitioner and also an opportunity to verify the accounts. The petitioner may present himself before the third respondent along with a copy of this judgment and the copy of the writ petition on 7th December, 2011 at 11.00 a.m. It is made clear that only after considering the grievances of the petitioner, as above, and communicating the decision to the petitioner, any further coercive action shall be taken.