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2022 Supreme(Kar) 1136

SHANKAR GANAPATHI PANDIT
Manjunath M. R. – Appellant
Versus
Authorized Officer, The Hanumanthanagar Co-operative Bank Limited – Respondent


Advocates appeared:
C. Vijaya Kumar, Adv, for the Petitioner

JUDGMENT

Shankar Ganapathi Pandit, J. - Petitioner, lessee under respondent Nos. 2 and 3 is before this Court challenging Annexures-E and F notices issued under Rule 8[1] of Security Interest [Enforcement] Rules, 2002 [for short 2002 Rules].

2. Heard the learned counsel Sri. C. Vijaya Kumar for petitioner and perused the writ petition papers.

3. Learned counsel for the petitioner would submit that petitioner is a lessee under respondent Nos. 2 and 3 who had obtained financial assistance from the first respondent-bank. As the respondent Nos. 2 and 3 failed to repay the loan taken, first respondent-bank initiated recovery proceedings under 2002 Rules. Petitioner is a lessee under the lease agreement dated 19.02.2022 and has paid Rs. 20,00,000/- to respondent Nos. 2 and 3. It is the grievance of the petitioner that no notice was issued to the petitioner before taking action to issue possession notice under Annexure-E.

4. Having heard the learned counsel for the petitioner and on perusal of the writ petition papers, I am of the view that writ petition would not be maintainable in view of the alternate remedy available to the petitioner under Section 17[4A] of the Securitization and Reconst

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