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2012 Supreme(Kar) 927

VIKRAMAJIT SEN, B.V.NAGARATHNA
K. R. Krishnegowda – Appellant
Versus
Chief Manager/Authorised Officer, Kotak Mahindra Bank – Respondent


Advocates:
Advocate Appeared:
Mr. Swetha P., M/s H.M. Mariyappa, Associates, for the Appellant
Mr. K.N. Krishna Rao, for the Respondent

JUDGMENT

B.V. Nagarathna J.—This writ petition raises the issue of the requisite procedure to be followed prior to taking possession of a secured asset under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as "the Act", for the sake of brevity). The petitioners are debtors, who have filed this writ petition, being aggrieved by the order dated September 6,2011 passed by the Debts Recovery Appellate Tribunal, Chennai, (DRAT) in R. A. (S.A.)/97 of 2010, as well as the order dated December 27, 2008, passed by the Deputy Commissioner-cum-District Magistrate, in respect of property belonging to the second petitioner, which is situated at B. S. K. III Stage, Bangalore, invoking the provisions of sections 13(4) and 14 of the Act, consequent upon the notice issued under section 13(2) of the Act. Since the petitioners had failed to repay the debt to the respondent-bank, notice under section 13(2) of the Act was issued to the first petitioner on July 2, 2008, who is the principal borrower as well as to the second petitioner who is the guarantor for the loan of Rs. 20 lakhs which was disbursed su




































































































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