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2010 Supreme(All) 720

RAKESH TIWARI, ANIL KUMAR
Hari Shanker Dubey – Appellant
Versus
ICICI Bank Ltd. & Anr. – Respondent


Advocates:
., R.J.Trivedi

Heard counsel for the parties and perused the record.

2. This writ petition has been filed for quashing of impugned noticed dated 20th of January, 2010 sent by an advocate on behalf of his client appended as Annexure-II to the writ petition. The petitioner has taken a home loan of Rs. 4,00,000/- from the ICICI Bank Ltd. Sapru Marg, Lucknow for construction of residential house. The aforesaid amount was sanctioned on floating rate of interest the last installment of which was payable on 07.10.2006. Thereafter, home loan facility agreement bearing A/C No. 1 BLU-00000-681729 was also executed between the peti­tioner and the ICICI Bank Ltd., which was original lender.

3. The contention of the learned counsel for the petitioner is that he has received a reg­istered notice dated 20th January, 2010 from the advocate of the bank informing him that original lender has unconditionally and irre­vocably assigned and transferred all its right, title, interest and other documents in terms of section 5 of Securitization and Reconstruc­tion of Financial Assets and Enforcement of Security Interest Act, 2002 in the same ca­pacity to the opposite party No. 2. Copy of the said notice has been appended a
















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