2003 (2) TMI 326

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....226/227 of Constitution of India, the Petitioner seeks to assail the notice issued under section 13 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Ordinance, 2002, dated 30-1-2002 (Annexure P3/P4) issued by Respondent Bank, calling upon the petitioner to pay the outstanding towards several credit limits/facilities alleged to be extended to petitioner ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... to challenge the impugned notice. 4. In my opinion, this Court at this stage cannot examine the legality of the impugned notices sent by the respondents/Banks to Petitioner under section 13(2) ibid for the reason inter alia that no factual enquiry as to whether Petitioner has repaid the money and if so when and how much? Can be held in writ petition. A writ Court cannot be converted into a fac....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... provision which empowers the Bank to issue such notice nor the same can be challenged in this writ. 5. Submission of L/C for the Petitioner was that the impugned notice is not in the nature of notice but is in fact an order itself and can always be challenged in writ. I do not agree to this submission. Firstly, if the legislative intent is to give such power to Bank then it cannot be challenge....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the purview of my writ jurisdiction if I were to entertain such factual plea. If the legislative intent is to allow such plea to be raised only in an appeal to be filed by an aggrieved before the D.R.T. under section 13(4) of the ordinance then such intention has to be given effect to at the instance of the parties only when such event occurs. The legislative intent must be allowed to prevail in ....