Vakalayapati Ravi , Sai Ravi, v. The Authorized Officer / Chief Manager.
THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE GUDI SEVA SHYAM PRASAD WRI T PETI TI ON No.14593 of 2017 ORDER: (Per Justice Sanjay Kumar) This writ petition was filed assailing the demand notice dated 21.02.2017 issued by Kotak Mahindra Bank under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the SARFAESI Act'). In the light of the law laid down by the Supreme Court in Punjab National Bank v. I mperial Gift House1 and Devi I spat Limited v. State Bank of I ndia2, a writ petition would not lie ordinarily against a demand notice issued under Section 13(2) of the SARFAESI Act. On this short ground, the writ petition is dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.
_____________________ SANJAY KUMAR, J ________________________ GUDI SEVA SHYAM PRASAD, J 7th July, 2017 IBL 1 (2013) 14 SCC 622 2 (2014) 5 SCC 762