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2023 Supreme(Kar) 575

M. NAGAPRASANNA
Y. B. Shamanna, S/o. Late Byanna – Appellant
Versus
Authorized Officer, The UCO Bank Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Sri. Aditya Sondhi, Senior Advocate a/w Sri. Karan Boraiah D.R.
For the Respondents:Sri. Parashuram K.R., Sri. Puttige R. Ramesh, Senior Advocate for Sri. Hiran Krishnaswamy.

ORDER :

The petitioners are before this Court calling in question orders dated 08-03-2023 and 15-03-2023 passed by the Debts Recovery Tribunal-II, Bengaluru (hereinafter referred to as ‘the Tribunal’ for short) in S.A.No.114 of 2023 insofar as it refuses to consider the interim relief sought in the appeal on applications in I.A.No.1 of 2023 and I.A.No.2 of 2023 filed by the petitioner and have sought consideration of the interim relief sought before the Tribunal.

2. Facts in brief, germane are as follows:-

The 2nd petitioner is the borrower and the 1st respondent is the lender. The 2nd petitioner borrows an amount of Rs.1,70,00,000/- on 14-08-2015 on mortgage of the scheduled property owned by his father, petitioner No.1. The loan was regular up to a certain point and became sticky in the year 2018. It is then the Bank sought to initiate proceedings invoking the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘the Act’ for short) in respect of the schedule property by issuing a notice as is required under sub-sections (2) and (

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