JUDGMENT : Ravindra Maithani, J. By means of instant petition, the petitioner seeks the following reliefs:- “(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned notice dated 09.08.23 (Annexure No.09) issued in purported exercise of powers under section 13 (2) of the Securitisation of Security Interest Act, 2002 passed by Authorized Officer Uttarakhand State Co-Operative Bank Limited (Apex Branch), Administrative Building, Nainital Road, Haldwani (Respondent no.1). (ii) To issue a writ, order of direction in the nature of Mandamus directing the respondent not to proceed with their action under section 13 (2) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 against the petitioner. (iii) Pass any other or further order (s)/writ (s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case. (iv) Award the cost of the petition to the petitioners.” 2. Heard learned counsel for the parties and perused the record. 3. It is the case of the petitioner in order to establish a solar power project, he took loan of Rs.2,70,00,000/- Lakh from the respondent no.1, the Uttarakhand State Cooperative Bank Limited, Nainital (“the Bank”). In the month of December, 2020, the respondent no.1 the Bank declared the account of the petitioner as Non Performing Asset (“NPA”) w.e.f. 01.04.2018. It compelled the petitioner to file a reference under Section 70 of the Uttarakhand Cooperative Societies Act, 2003 (“the Act”). An award was given on 31.03.2021, which according to the petitioner was accepted by the respondent no.1 the Bank. It is the case of the petitioner that on 09.08.2020, the petitioner received a notice under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“the SARFAESI Act”) from the respondent no.1 Bank, which he replied on 04.09.2020. Now petitioner seeks quashing of the notice issued under Section 13 (2) of the SARFAESI Act. 4. Learned Senior Counsel appearing for the petitioner would submit that in the year 2020, the respondent no.1 the Bank had declared the account of the petitioner NPA w.e.f. 01.04.2018 against which the petitioner sought the remedy under the provision of the Act, an award was given. The award was accepted by the respondent no.1, the Bank. But now, against a notice under Section 13 (2) of the SARFAESI Act has been issued. The award was accepted by the respondent no.1, the Bank. But now, against a notice under Section 13 (2) of the SARFAESI Act has been issued. Learned Senior Counsel would submit that, at this stage, the provisions of Section 17 of the SARFAESI Act cannot be invoked and the petitioner cannot ventilate his grievance under the SARFAESI Act. He has given a reply, on which a decision has yet not been taken. 5. Learned counsel for the Bank would submit even the petitioner has not complied with the terms of award and the petition is premature. 6. Section 13 sub Section (1) (2) (3) and (3-A) of the SARFAESI Act are as follows:- “13. Enforcement of security interest.-(1) Notwithstanding anything contained in Section 69 or Section 69-A of the Transfer of Property Act, 1882 (4 of 1882), any security interest created in favour of any secured creditor may be enforced, without the intervention of the court or tribunal, by such creditor in accordance with the provisions of this Act. (2) Where any borrower, who is under a liability to a secured creditor under a security agreement, makes any default in repayment of secured debt or any instalment thereof, and his account in respect of such debt is classified may require the borrower by notice in writing to discharge in full his liabilities to the secured creditor within sixty days from the date of notice failing which the secured creditor shall be entitled to exercise all or any of the rights under sub-section (4): Provided that- (i) the requirement of classification of secured debt as non-performing asset under this sub-section shall not apply to a borrower who has raised funds through issue of debt securities; and (ii) in the event of default, the debenture trustee shall be entitled to enforce security interest in the same manner as provided under this section with such modifications as may be necessary and in accordance with the terms and conditions of security documents executed in favour of the debenture trustee; (3) The notice referred to in sub-section (2) shall give details of the amount payable by the borrower and the secured assets intended to be enforced by the secure creditor in the event of non-payment of secured debts by the borrower. (3-A) 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: Provided that the reasons so communicated or the likely action of the secured creditor at the stage of communication of reasons shall not confer any right upon the borrower to prefer an application to the Debts Recovery Tribunal under Section 17 or the Court of District Judge under Section 17-A.” 7. A bare reading of the above section makes it abundantly clear that once a notice is given under Section 13 (2) of the SARFAESI Act, further action is taken under Section 13 (3-A) of the SARFAESI Act. The borrowers objections or representations are considered and in case, the secured creditor comes to the conclusion that such representation or objection is not acceptable or tenable, he shall communicate within 15 days of receipt of such representation/objection, the reason to non acceptance of the representation/objection to the borrower. 8. The proviso to sub Section (3A) of Section 17 of the SARFAESI Act further makes it clear that the based on likely action that may be taken by the secured creditor, the borrower may not approach under Sections 17 and 17 A of the SARFAESI Act. 9. It is the case of the petitioner that the notice under Section 13 (2) of the SARFAESI Act was replied on 04.09.2023. Action has yet not been taken under Section 13 (3) A of the SARFAESI Act. 10. This Court cannot contemplate as to what decision would be taken by the respondent no.1 the Bank on the representation that has been made by the petitioner in response to the notice under Section 13 (2) of the SARFAESI Act. 11. The representation/objection that has been filed by the petitioner may also be accepted by the respondent no.1 Bank. In that case, nothing survives in this petition. Therefore, this Court is of the view that instant petition is definitely premature. It cannot be entertained. Accordingly, the petition deserves to be dismissed at the stage of admission itself. 12. The petition is dismissed in limine.