KAMALA KANTA SINGHA Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) Heard Mr. R. Mazumdar, learned counsel for the petitioners. None appears for the respondents.

(2.) The petitioner No.1 Sri Kamala Kanta Singha is a retired Army personnel aged about 72 years and the petitioner No.2 Smti. Kanchan Bala Singha is the daughter of the petitioner No.1. Both the petitioners were served with a notice dtd. 1/2/2019 under Sec. 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, hereinafter referred to as 'the SARFAESI Act') in respect of ODUPM Account No.0037210035510 for an amount of Rs.24,76,035.12. In the notice, the description of the immovable properties over which the respondent United Bank of India may exercise all or any of their rights under Sec. 13(4) had also been provided. Consequent thereof, a notice of intended sale under Rule 6(2) and 8(6) of the Security Interest (Enforcement) Rules 2002 (for short, the Rules of 2002) were also served on the petitioners. Further, with reference to the notice under Sec. 13(2) of the SARFAESI Act dtd. 1/2/2019, the respondent United Bank of India issued a notice dtd. 30/10/2019 to the mortgagers for vacating and handing over of the properties in respect of ODUPM Account No.0037210035510.

(3.) In the circumstance, the present writ petition is instituted for setting aside the entire proceeding against the petitioners under the SARFAESI Act and the Rules of 2002.