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2007 Supreme(Kar) 414

AJIT J.GUNJAL
V. KRISHNASWAMY – Appellant
Versus
KARNATAKA RAJYA KAIGARIKA SAHAKARA BANK NIYAMITHA – Respondent


AJIT J. GUNJAL, J.

( 1 ) BOTH these writ petitions are disposed of by this common order.

( 2 ) IN both these writ petitions the petitioners are questioning the action of the respective respondent banks in initiating the proceedings under the provisions of the Securitisation and Reconstitution of Financial assets and Enforcement of Security Interest Act. , 2002 (for short 'the Securitisation Act' ).

( 3 ) THE facts in W. P. 23813/05 are that one M/s Hi-tech Industries is a registered partnership firm. It is stated to have borrowed monies from first respondent Karnataka Rajya Kaigarika Sahakara Bank niyamitha, Bull Temple Road, Basavanagudi, Bangalore (for short 'co-operative Bank' ). The case of the first respondent bank is that the said firm has committed default in payment of loan amount and consequently a notice under Section 13 (2) of the Act dated 1. 1. 2004 was issued. Suffice it to say that an order under Section 13 (4) of the act was passed, a copy of which is produced at Annexure-B, which was the subject matter of W. P. No. 6537/04. This court allowed the writ petition and has quashed the order under Section 13 (4) of the act and directed the bank to consider the reply/o



















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