NALLURI SATYANARAYANA Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) These two Writ Petitions are filed by the Guarantor, as such they are disposed of by this Common order:-

(2.) The facts, in issue, are as under:

(3.) Sri. D. Krishna Murthy, the learned Counsel for the Petitioners mainly submits that the Petitioners cannot be called as guarantors as they are not aware about their property being mortgaged to the Bank. According to him, the borrower committed theft of these documents and obtained loan by forging their signatures and mortgaging the title documents. He further submits that even assuming that they are guarantors, no notice under Sec. 13(2) was served on them and the said notice is not in terms of Rules 3 and 4 of the Security Interest (Enforcement) Rules, 2002. He relies upon a judgment of the Patna High Court in Syndicate Bank V. Rajesh Kumar and Ors, AIR 2017 Patna 126. to contend that notices should be issued separately to the borrower and guarantor.