(1.) Of late, it has become a trend that when a case either not maintainable or is too weak on merits, prayer clause in the petition would be couched in such a manner so that the Court is confused and does not come to know the actual controversy in question. The instant case is one such example where the prayer clause reads as under:-
(2.) Now, in case we advert to Annexure P- 3 dtd. 3/4/2023, it is a communication addressed by the respondent-Bank to the petitioner-Unit requesting it to settle its accounts or else Bank would have to initiate legal action including action under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ' the Act').
(3.) As regards Annexure P-4, it is a notice dtd. 6/4/2023 issued by the respondent-Bank under Sec. 13(2) of the Act calling upon the petitioner-Unit to discharge its liability of Rs.2,99,12,227.75 (Two Crore Ninety Nine Lakh Twelve Thousand Two Hundred Twenty Seven and Seventy Five Paise) along with charges, as applicable. In addition thereto, the petitioner was also apprised about liability to pay future interest at the contractual rate on the aforesaid amount together with incidental expenses., cost, charges etc.