1. Heard the learned counsel for the Parties.

2. To state in brief, the respondent no.1 before this Court is the original plaintiff and the applicant is the original defendant no.1. Respondent nos.2 and 3 are the original defendant nos.2 and 3. Admitted facts are that the respondent nos.1 and 3 are real brothers. They are also partners in the firm, M/s.Sudin Motors, which is the respondent no.2. Both the partners approached the applicant bank for cash credit facility and as the applicant is a co-operative bank, all the three respondents became members of Class A and the bank agreed to provide cash credit facility to the limit of Rs.10 lakhs. Respondent no.3 was authorised to operate the bank account. On the basis of the authorisation and as per instructions from the respondent no.3, certain amounts from the cash credit loan account of the respondent no.2 firm were transferred to the personal loan account of the respondent no.3. On 1-3-2004 the applicant issued a notice to all the respondents under Section 13(2) under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (In brief ’Securitisation Act’) for recovery of Rs.8