(1.) This writ petition is filed seeking a writ of mandamus forbearing the respondents/bank from proceeding with any further, pursuant to the notices dated 05 August 2015 and 03 November 2015, issued by them under Sections 13(2) and 13(4), respectively, of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (for brevity "the SARFAESI Act").
(2.) The petitioners are husband and wife respectively. They availed housing loan of Rs.45 lakhs from the respondents/bank. Since the first petitioner was indisposed, he could not attend duty and get salary. As a sequel, the housing loan could not be repaid. Owing to default in repayment of loan, the respondents/bank issued notices under Section 13(2) and Section 13(4), of the SARFAESI Act, as aforestated, followed by sale notice dated 19 March 2016, fixing the date of e-auction as 22 April 2016. Feeling aggrieved by the issuance of these notices, the petitioners have come up with this writ petition, seeking the aforestated relief.
(3.) The issue that emerges for consideration of this Court in this writ petition is as to whether this writ petition is maintainable, if the petitioners are aggrieved by demand notice issued under Section 13(2) of the SARFAESI Act and possession notice issued under Section 13(4), ibid. This issue is no longer res integra.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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