JUDGMENT

N.K. Sudhindrarao, J. - This writ petition is filed under Articles 226 and 227 of the Constitution of India, wherein the petitioner seeks to set aside the impugned Notice dated 10.02.2020 (Annexure-C) issued by the respondent No.1 Bank.

2. The substance of the petition is that on 27.06.2019 the 1st respondent M/s. Bank of Baroda Erstwhile M/s. Vijaya Bank, issued a Demand Notice under Section 13(2) read with rule 3 of Security Interest (Enforcement Rule) 2002 for recovery of Rs.4,92,22,143.70. On 14.10.2019 the 1st respondent filed Crl. Misc. No.4798/2019 in the Court of Chief Metropolitan Magistrate Bengaluru for taking physical possession of the property and on 07.11.2019 the learned Chief Metropolitan Magistrate Bengaluru passed an order to obtain possession of the property based on the memo filed by the respondents. On 10.02.2020 the 1st respondent issued notice of sale of immovable property to the borrower under Rule 8(5) and 9(1) of the Security Interest (Enforcement Rules) 2002 and stated in the notice that, the outstanding balance is Rs.4,04,10,588.75. The petitioner submits that, though the law mandates him to approach the Debt Recovery Tribunal (DRT), but the Trib