YOUSUF P. Vs. AUTHORIZED OFFICER

JUDGEMENT

(1.) The petitioner, who availed a cash credit facility for an amount of Rs.26,00,000/- under loan account No.1422285000003 from the 2nd respondent Bank, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P2 demand notice dated 14.10.2020 issued by the 1 st respondent authorised officer, under sub-section (2) of Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002, whereby the petitioner is required to satisfy a sum of Rs.23,33,261.97/- as on the date of notice and interest thereof, within sixty days from the date of receipt of that notice. The petitioner has also sought for a writ of mandamus commanding the respondents to keep in abeyance all further proceedings pursuant to Ext.P2 demand notice; and a writ of mandamus commanding the respondents to permit the petitioner to remit the outstanding amount in instalments and restructure the loan account.

(2.) On 03.11.2020, when this writ petition came up for admission, the learned Standing Counsel for Canara Bank sought time to get instructions.

(3.) On 05.11.2020, a statement has been filed on behalf of the respondents, by the learned Standing Counsel for Canara Bank, opposing the reliefs sought for in this writ petition. The learned counsel for the petitioner sought adjournment and accordingly, the writ petition was ordered to be listed today for further consideration, after making it clear that it would be open to the petitioner to file reply affidavit, if any. Paragraphs 3 to 5 of the statement filed on behalf of the respondents read thus;