AVSHESH JAISWAL Vs. BRANCH MANAGER

JUDGEMENT

(1.) Heard Shri Kushal Kant and Shri Raj Kumar Tiwari, learned Advocates appearing for the petitioner and Shri Manoj Kumar Srivastava, learned Advocate for the respondent/bank.

(2.) The present petition is directed against the orders dated 11.5.2015 and 25.7.2018 passed in S.A. No. 10 of 2004 (Avshesh Jaiswal vs. Branch Manager, Allahabad Bank and others) and Appeal Sr. No. 121 of 2015 (Avshesh Jaiswal vs. Branch Manager, Allahabad Bank and others) passed by the Debts Recovery Tribunal (In short as "the DRT") and Debts Recovery Appellate Tribunal (In short as the "the DRAT"), Allahabad; respectively.

(3.) The brief facts relevant to decide the present petition are that the respondent bank had initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (In short as "the SARFAESI Act, 2002") against the petitioner and a demand notice dated 15.4.2011 under Section 13(2) of the SARFAESI Act, 2002 was issued followed by the possession notice under Section 13(4) of the said Act.