ORDER :

(Nupur Bhati, J.)

This writ petition has been preferred on behalf of the petitioner under Article 226/227 of the Constitution of India with the following prayers:-

(i) by an appropriate writ, direction or order, the notices dated 29.08.2018 (Annex-5.), 26.11.2018 (Annex-6), 26.03.2019 (Annex-7), 12.04.2019 (Annex-8) and 13.05.2019 (Annex-9) may kindly be quashed and set aside.

(ii) by an appropriate writ, direction or order, the respondent Bank may restrained from auctioning the property of the petitioner and taking any coercive steps against the petitioner.

(iii) Cost of this writ petition may kindly be awarded in favour of the petitioner.

(iv) Any other appropriate direction or order which this Hon'ble Court deems fit in the facts and circumstance of the case may kindly be granted.

2. The brief facts of the case are that the petitioner purchased a plot of land ad-measuring 1068.75 sq. feet from Smt. Santosh by way of a registered sale deed dated 05.03.2018 in the sum of Rs.30,00,000/- out of the total consideration of sum of Rs.30,00,000/-. A sum of Rs.26,63,099/- was taken as a loan by the petitioner from the respondent-company Tata Capital Housing Finance Limited.

3. As per the loan agreement between the petitioner and the respondent-company, a total sum of Rs.27,00,000/- was disbursed to the petitioner for a period of 240 months with 9% as rate of interest with monthly installment of Rs.24,293/-. The petitioner regularly made all the payments of installments with the respondent-company, however, due to unavoidable circumstances, the petitioner could not deposit the installment amount for a month and the monthly installment became overdue. The petitioner received notice for depositing the overdue amount in sum of Rs.34,886/-. The first loan installment was due and the first overdue notice dated 09.03.2018 was issued to the petitioner showing the overdue amount as Rs.34,886/-. But shockingly, on 17.05.2018, the petitioner without any prior notice or granting an opportunity of hearing, received a loan recall notice-cum-demand notice which stated that the respondent are terminating the loan agreement as a foreclosure statement dated 17.05.2018 for a sum of Rs.85,22,563/-, which has to be paid by the petitioner within a period of seven days. On 29.08.2018, the respondent-company issued notice to the petitioner under Section 13 (2) of the Secularization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the "Act of 2002"), by stating that the petitioner failed to honour the repayment commitments and thereby demanded an amount of Rs.28,14,649/- as on 29.08.2018. On that day, the due installment was only Rs.1,53,081/-. Thereafter, the respondent issued another possession notice dated 26.11.2018, stating therein that the borrower has failed to repay the amount, therefore, the company has taken over the possession of the property in exercise of powers under Section 13 (4) of the Act read with Rule 9 of the Rules.

4. The respondent-company again issued another possession notice dated 26.03.2019, stating therein that borrower has failed to repay the amount, therefore, the company has taken possession of the property in exercise of powers under Section 13 (4) of the Act of 2002. After taking over the possession of the property of the petitioner, the respondent-company issued the first pre-sale notice of thirty days for sale of immovable secured asset under Rule 8(6) of the Security Interest (Enforcement) Rules, 2002. The date of auction was fixed as 15.05.2019 a