A.N.VENUGOPALA GOWDA
Fayaza Ahmed – Appellant
Versus
Muslim Co-operative Bank Ltd. – Respondent
A.N. Venugopala Gowda, J.— Petitioner availed loan of Rs. 8,00,000 from the respondent. Since there is default in the matter of payment of the loan instalments, the respondent having issued a notice dated 7-10-2013, the petitioner submitted a reply dated 15.10.2013. A further notice having been served by the respondent on 7.11.2013 and petitioner having remitted Rs.10,000 on 21.11.2013, this writ petition was filed on 23.12.2013, questioning the 7 days’ notice dated 21.12.2013 issued by the respondent, notifying the petitioner that his name will be published in the newspaper after 28.12.2013 and possession of the secured property would be taken and dealt with in accordance with law. As per the impugned notice, the petitioner is overdue Rs. 97,239, out of the full due balance of Rs. 8,23,913.
2. Sri H.S. Santhosh, learned Advocate for the petitioner, by placing reliance on the decision in the case of Greater Bombay Co-operative Bank Limited v M/s. United Yarn Tex. Private Limited and Others, AIR 2007 SC 1584: (2007)6 SCC 236 : 2007 AIR SC 2325 contended that the respondent being a Co-operative Bank, established under the Karnataka Co-operative Societies Act, 1959, the impugned
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