MIHIR PAL Vs. UNITED COMMERCIAL BANK

JUDGEMENT

(1.) The petitioner in this Art. 226 petition dated September 3, 2010 is questioning the validity of the things stated in para 3 of a letter of the Chief Manager and Authorised Officer, UCO Bank, Basara Branch, Howrah dated August 14, 2010 (at p. 35).

(2.) The relevant contents of the letter are quoted below :

(3.) Mr. Banerjee, counsel for the petitioner, has argued as follows. In view of the provisions of Ss. 2(l)(v), 3, 5, 10, 13 and 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Rr. 2(a) and 8 of the Security Interest (Enforcement) Rules, 2002, the Bank did not have any power or authority to appoint any enforcement or recovery agent for exercising rights of the Bank under S. 13(4) of the Act.