(1.) Heard Mr. S. Raja, learned counsel appearing for the petitioner. Notice to the respondents is dispensed with at this stage as no adverse order is passed against them in this writ petition. Thus, with the consent of the learned counsel appearing for the petitioner, this writ petition is taken up for final disposal.
(2.) This writ petition is filed seeking a writ of mandamus forbearing respondents 1 and 2 from proceeding further pursuant to the notice dated 18 December 2015 issued by the second respondent, viz., Kotak Mahindra Bank Ltd., under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "the SARFAESI Act").
(3.) The petitioner availed a term loan of Rs.1 crore from the respondent bank. Due to his default in making repayment of the said loan, the second respondent issued a demand notice under Section 13(2) of the SARFAESI Act on 18 December 2015. Pursuant thereto, the petitioner has straightaway come up with the instant writ petition seeking the aforestated relief.