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2019 Supreme(Gau) 134

A.S.BOPANNA, A.K.GOSWAMI
Abdul Gofur S/o Late Subed Ali – Appellant
Versus
United Bank of India – Respondent


Advocates Appeared:
For the Petitioner: M.S. P. Chakraborty.
For the Respondent: G.A. Assam.

JUDGMENT :

A.S. BOPANNA, J.

1. Heard Ms. P. Chakraborty, learned counsel for the petitioner.

2. The petitioner is before this Court assailing the notice dated 4.10.2018 (Annexure-8 to the petition). The son of the petitioner had secured a loan from the Respondent Bank to which the petitioner subscribed his signature as guarantor. In that regard, the properties referred to in the impugned communication dated 4.10.2018 is offered as security. Since the loan secured from the Bank was treated as NPA, further proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short hereinafter referred to as ‘SARFAESI Act’) was initiated. It is in that view, presently the communication dated 4.10.2018 is issued.

3. Learned counsel for the petitioner while assailing the notice would contend that no other further proceedings prior to the instant proceeding has been initiated except one under Section 13(2) of the SARFAESI Act. It is further contended that the property offered as security is an agricultural land and, as such, the provision of the SARFAESI Act ought not to be made applicable. In that circumstance, no doubt, even if the



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