B JAGADEESH Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) AS the parties in both the Writ Petition and the Writ Appeal are one and the same, the parties are arrayed as per the rank in the Writ Petition.

(2.) THE petitioner who is the borrower, preferred W. P. No. 1634 of 2008 against the notice issued by the second respondent-Union Bank of India in Reference RO:lsd 800, dated 3. 9. 2007 and the consequential Tender-cum-Auction Sale Notice, dated 28. 12. 2007. Further prayer has been made to forbear the respondents from in any manner interfering with the peaceful possession and enjoyment of the agricultural lands in Survey Nos. 91/11, 91/25, 91/26, 91/24, 91/20, 91/25, 91/22, 91/23 and 91/21, Mulligur Village, measuring a total extent of 8. 28 hectares, approximately 20. 45 acres.

(3.) FROM the pleadings and records, it appears that the demand notice dated 3. 9. 2007 issued under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the Act') by the respondents-Union Bank of India (for short, 'the Bank' ). In the reply dated 17. 10. 2007 filed under Section 13 (3-A) of the Act, the following pleas were taken by the petitioner: