C SHANMUGASUNDARAM Vs. AUTHORISED OFFICER, AXIS BANK

JUDGEMENT

(1.) Father of the deceased son/writ petitioner has submitted that his son had availed loan for Rs.2.90 Crores on 17.08.2015, to be repaid from 18.11.2015 to 10.08.2029, in 165 equal installments of Rs.3,43,358/-. According to the petitioner, property belongs to him. His son had created a mortgage by depositing the title deeds in respect of the house property bearing Plot No.4, forming part of Survey No.240/1, 240/4 (Paimash Nos.354, 356, 357, 358 and 363) in Adambakkam Village No.136.

(2.) Petitioner has further contended that his son had paid the monthly instalments regularly to the 2nd respondent bank. Unfortunately on 29.01.2016, he was murdered. Bank has sent a notice dated 22.12.2016, in the name of the dead person, Sabesan stating that as per the provisions of the SARFAESI Act, 2002, bank has right to repossess and auction the property, without the intervention of the Court.

(3.) Notices dated 18.01.2017 and 17.04.2017, respectively ,do not disclose any particulars and details of the loan amount as contemplated under Section 13(2) of the Act. Nevertheless, on 30.01.2017, father/writ petitioner has paid Rs.3,43,500/-. A further sum of Rs.3,43,500/- on 27.02.2017 and a sum of Rs.3,00,000/- on 28.03.2017, have been paid. He has also made further payment of Rs.43,500/- on 30.03.2017.