2009 INSC 1206
                                    SUPREME COURT OF INDIA

                                           Punjab National Bank

                                                      Vs.

                                            Imperial Gift House

                                           C.A.No.3563 of 2009

                       (B.N. Agrawal, G.S. Singhvi and Dr.B.S Chauhan JJJ.)

                                                  14.05.2009

                                                   ORDER

1. Leave granted.

2. Heard learned counsel for the parties.

3. By the impugned order, in effect and substance, the High Court has quashed notice issued
by the bank under Section 13(2) of the Securitization and Reconstruction of Financial Assets
and Enforcement of Security Interest Act, 2002, [for short, "the Act"]. Upon receipt of notice,
respondents filed representation under Section 13(3)(A) of the Act, which was rejected.
Thereafter, before any further action could be taken under Section 13(4) of the Act by the
Bank, the writ petition was filed before the High Court. In our view, the High Court was not
justified in entertaining the writ petition against the notice issued under Section 13(2) of the
Act and quashing the proceedings initiated by the bank.

4. Accordingly, the appeal is allowed, impugned order passed by the High Court is set aside
and the writ petition filed before it is dismissed.

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