SIDDESHWARA CO-OPERATIVE BANK LTD. Vs. IKBAL

JUDGEMENT

(1.) Leave granted.

(2.) The question to which we have to turn in these appeals, by special leave, centres around Rule 9 of the Security Interest (Enforcement) Rules, 2002 (for short, "2002 Rules").

(3.) The facts are these: on 08.02.1996, the respondent no.1, Ikbal (hereinafter referred to as "borrower"), took a housing loan of Rs. 5,00,000/- from Sri Siddeshwara Co-operative Bank Ltd. (for short, "the Bank"). He mortgaged his immovable property being RS No.872, Plot No.29, Mahalbagayat situate at Bijapur. The borrower committed default in repayment of the said housing loan. Despite several reminders when the borrower failed to make payment of the loan amount, the Bank issued a notice on 16.02.2005 calling upon him to repay the outstanding loan amount of Rs.10,43,000/- with interest and costs failing which it was stated in the notice that the mortgaged property will be sold according to law.