Authority: Hon'ble Manoj Kumar Tiwari, J.

Order Date: 29 July 2026

Case Overview

  • Petitioner: Baldev Kaushik (individual) filed writ petition WPMS/3497/2018 against State Cooperative Bank Ltd. Haldwani and its Authorized Officer (respondents).
  • Reliefs sought: (i) Mandamus directing respondents to comply with the statutory 60‑day notice requirement under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act); (ii) Certiorari to quash a letter dated 16‑Oct‑2018 issued by respondent No. 1.
  • Counter affidavit filed by respondents asserted that a notice under Section 13(2) was issued on 3‑Aug‑2018 via registered post, which was returned by the petitioner (post‑man endorsement attached as Annexure‑1), thereby satisfying the statutory notice requirement.
  • A subsequent notice under Section 13(4) dated 16‑Oct‑2018 was also sent by registered post and was received by the petitioner, confirming full compliance with SARFAESI provisions.
  • The affidavit further noted that after receiving a letter dated 23‑May‑2018, the petitioner requested an extension on 12‑Jun‑2018 to deposit the loan amount by 31‑Jul‑2018; the bank granted the extension, but the petitioner failed to make any payment.
  • The court examined paragraphs 4 and 8 of the counter affidavit and found the respondents’ compliance with statutory notice requirements substantiated.

Final Outcome

  • The court held that, in view of the specific stand taken in the counter affidavit, the reliefs prayed for by the petitioner could not be granted.
  • The writ petition is dismissed in its entirety.
  • No further directions or penalties were imposed on either party.

Topics: SARFAESI Act, Banking Notice Compliance