K. RAJASEKAR Vs. INDIAN BANK

JUDGEMENT

(1.) PETITION filed for issuance of writ of certiorarified mandamus to quash the notice issued by the respondent under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, the SRFAESI Act) and forbearing the respondent from taking possession of the house in Ward No. 4, Block No. 3 in T.S. No. 42, Rajenderan Road, Palani measuring 9248 sq. ft.

(2.) THE petitioner and his mother - Sivakami (since dead) have availed the following loans from the respondent Bank:

(3.) EVEN after the passing of the Preliminary Decree, the petitioner and his mother have not repaid the loan amount. Hence the respondent/Bank had issued Section 13(2) notice calling upon the petitioner to pay the amount within sixty days from the date of the notice. Challenging the notice issued under Section 13(2) of SRFAESI Act, this writ petition is filed.