(Per Ghulam Mohammed, J.)

The Question that arises for determination in this writ petition relates to action of the respondent-bank in initiating proceeding under the provision of the securitisation and Reconstruction of financial assets and enforcement of security interest act, 2002

(54 of 2002) (for short “the SARFAESI act”) in respect of a loan availed by the father of the petitioner.

2. The facts stated are that the father of the petitioner has stat1ed the business under of without considering the representation of the name and style of M/s. Snnivasa Borewells as a Proprietor and secured loan of Rs.2,16,000/- by mortgage of the property from the respondent-Bank on 13-6-1981 and purchased a Bore-Well Rig. When he committed default In payment of installments, the respondent bank filed a.S.No.5 of 1992 before the court of the Subordinate Judge, Puttur for recovery of an amount of RS.7,75,326/- by sale of mortgaged property. In the said suit father and mother of the petitioner were made as defendants 2 and.

3. The said Suit was decreed by the trial Court by its Judgment and decree dated 2-5-1999 directing the defendants i.e. mother and father of the pe1ltioner herein to pay an