UCCHAP SINGH Vs. UTTARAKHAND GRAMIN BANK AND OTHERS.

JUDGEMENT

(1.) Heard Sri Sumit Bajaj, learned counsel for the appellants-writ petitioners, Sri D.S. Patni, learned Senior Counsel appearing on behalf of respondent nos. 1 and 2, and Sri B.S. Parihar, learned Standing Counsel appearing on behalf of the third-respondent.

(2.) This appeal is preferred against the order passed by the learned Single Judge in Writ Petition (M/S) No. 535 of 2017 dated 11.09.2019. While the first-appellant herein is the borrower, the second-appellant is the guarantor. They invoked the jurisdiction of this Court seeking a writ of certiorari to quash the notice issued under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 (for short the ' SARFAESI Act ') dated 03.03.2014, and the possession notice dated 4/5.07.2015 issued by the respondent-Bank; and a writ of mandamus directing the respondents to permit the appellants-writ petitioners to pay the entire loan amount in easy installments after clarifying the actual balance amount.

(3.) The first appellant-writ petitioner had availed a term loan / CC limit of Rs. 2,50,000/- from the respondent-Bank in the year 2003, and had mortgaged the land of the second-appellant as security. The first appellant- writ petitioner's account was declared a non-performing asset, and a demand notice was issued, under Section 13(2) of the SARFAESI Act on 03.03.2014, demanding payment of a sum of Rs. 2,81,361 with interest. A possession notice, with respect to the mortgaged land of the second-appellant, was also published in the newspapers on 05.07.2015.