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2022 Supreme(Gau) 1377

R. M. CHHAYA, ACHINTYA MALLA BUJOR BARUA
Kamala Kanta Singha – Appellant
Versus
United Bank Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. R Majumdar, Advocate
For the Respondent:Mr. A Parvez, Advocate

ORDER :

R.M. Chhaya, J.

Heard Mr. R. Mazumdar, learned counsel for the petitioners. None appears for the respondents.

2. The petitioner No.1 Sri Kamala Kanta Singha is a retired Army personnel aged about 72 years and the petitioner No.2 Smti. Kanchan Bala Singha is the daughter of the petitioner No.1. Both the petitioners were served with a notice dated 01.02.2019 under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, hereinafter referred to as 'the SARFAESI Act') in respect of ODUPM Account No.0037210035510 for an amount of Rs.24,76,035.12/-. In the notice, the description of the immovable properties over which the respondent United Bank of India may exercise all or any of their rights under Section 13(4) had also been provided. Consequent thereof, a notice of intended sale under Rule 6(2) and 8(6) of the Security Interest (Enforcement) Rules 2002 (for short, the Rules of 2002) were also served on the petitioners. Further, with reference to the notice under Section 13(2) of the SARFAESI Act dated 01.02.2019, the respondent United Bank of India issued a notice dated 30.10.2019 to the mortgagers for

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