2026:HHC:26606 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 10868 of 2026 Decided on : 03.07.2026 Pradeep Kumar …Petitioner Versus Reserve Bank of India and others …Respondents Coram The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. The Hon’ble Mr. Justice Bipin C. Negi, Judge. Whether approved for reporting?1 For the petitioner : Ms. Madhurika Sekhon, Advocate. G.S. Sandhawalia, Chief Justice (Oral ) Apparently, the challenge is to the notice dated 21.05.2026 (Annexure P-5), issued under Section 13(2) of The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI Act’). 2. It is not disputed that on an earlier occasion also, proceedings were initiated and the matter was partly settled on account of some payments having been received in the Debt Recovery Tribunal, which would be clear from the order 1Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:26606 dated 12.01.2026, passed in SA/383/2025, titled as Pradeep Kumar Vs. AU Small Finance Bank Limited (Annexure P- 3). 3. A perusal of Section 13 of the SARFAESI Act would go on to show that there is a right as such, under sub- section (3) (3A) of the said Act that “if, on receipt of the notice under sub-section (2), the borrower makes any representation or raises any objection, the secured creditor shall consider such representation or objection and if the secured creditor comes to the conclusion that such representation or objection is not acceptable or tenable, he shall communicate [within fifteen days] of receipt of such representation or objection the reasons for non-acceptance of the representation or objection to the borrower”. 4. In such circumstances, we are of the considered opinion that the present writ petition is not maintainable at this stage, as the petitioner has a right to approach the respondent-Bank for the redressal of his grievance. 5. Faced with this situation, counsel for the petitioner submits that she wants to withdraw the present writ petition, with liberty to approach the respondent-Bank by 3 2026:HHC:26606 way of a representation. 6. Accordingly, the present writ petition is dismissed as withdrawn, with liberty, as prayed for. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (G.S. Sandhawalia) Chief Justice (Bipin C. Negi) Judge July 03, 2026 (Shivank Thakur)