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2023 Supreme(Kar) 352

KRISHNA S.DIXIT
N. Ravindranath Kamath, S/o. Late Venkatesh Kamath – Appellant
Versus
Subramanyeshwara Co-Operative Bank Limited – Respondent


Advocates Appeared:
For the Petitioner: Sri. Diwakar K., Senior Counsel a/w Sri. N. Ravindranath Kamath.
For the Respondent: Smt. Lakshmy Iyengar, Senior Counsel a/w Sri. K.S. Venkataramana, Smt. Shweta Krishnappa, AGA.

ORDER :

The tone for this judgment may be set by quoting what Richard Brinsley Sheridan, an acclaimed Irish dramatist of 18th century, on being asked by his tailor for the payment of at least the interest on his bill amount, had retorted :

    "It is not my interest to pay the principal, nor my principle to pay the interest".

2. In these Petitions, Petitioner a designated Senior Advocate being a chronic loan defaulter of the 1st Respondent – Cooperative Bank is knocking at the doors of Writ Court for assailing the coercive loan recovery proceedings instituted under the provisions of SARFAESI Act, 2002 on the ground that the due procedure established under law has not been followed. Learned Sr. Advocate appearing for the Petitioner argues that his client was not given the reprieve admissible on account of Covid-19 Pandemic and that he had no fair deal at the hands of the lender – Bank. Having so argued, he lastly said that should a period of three months be granted, entire loan amount would be cleared by recourse to ‘taking over’ or the like.

3. After service of notice, Respondents have entered appearance through their Panel Advocate and filed the Statement of Objections resisting the Writ

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