NARENDRA SINGH CHAUHAN Vs. BANK OF BARODA

JUDGEMENT

(1.) We have heard Shri L.M. Singh, learned counsel for the petitioner and Shri Manish Mehrotra, learned counsel for the respondent nos. 1 and 2- Bank of Baroda.

(2.) As per the averments made in the Writ Petition, Rajendra Singh Chauhan, brother of the petitioner took housing loan for business purposes from the respondent no.1- Bank in the year 2006. Arjun Singh, who was the father of the petitioner and the said Rajendra Singh Chauhan, stood guarantor for the said loan. The property in question was given as security for the said loan by the said Arjun Singh (guarantor). Default was committed in respect of the said loan. Consequently, proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short " the Act") have been initiated. Auction Notice dated 16.1.2011 (Annexure-4 to the Writ Petition) has been issued in this regard.

(3.) The petitioner has filed the present Writ Petition, inter alia, praying for quashing the said Notice dated 16.1.2011 in-so-far as the share of the petitioner in the property in question is concerned.