SARFAESI enforcement notice under Section 13(2): writ challenge at the notice stage was not maintainable.

A Section 13(2) notice under the SARFAESI Act only initiates the statutory enforcement process, so writ interference at that stage is ordinarily unwarranted. Where borrowers have already made a representation under Section 13(3)(A) and no action under Section 13(4) has yet been taken, the High Court should not entertain a challenge to quash the proceedings. On that basis, the Court stated that the writ petition ought not to have been entertained and that quashing the bank's proceedings at the notice stage was not justified.

---

---

Issues: Whether the High Court was justified in entertaining a writ petition and quashing proceedings initiated by the bank under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 at the stage of notice under Section 13(2).

Analysis: A notice under Section 13(2) initiates the statutory enforcement process under the Act. The borrowers had already submitted a representation under Section 13(3)(A), which was rejected, and no action under Section 13(4) had yet been taken. In these circumstances, interference at the writ stage was not warranted, as the statutory mechanism had not reached the stage at which the High Court should have quashed the proceedings.

Conclusion: The writ petition ought not to have been entertained and the High Court erred in quashing the bank's proceedings; the challenge to the Section 13(2) notice was not maintainable at that stage.

---