JUDGMENT

S. MANIKUMAR,CJ.

Being aggrieved by the judgment dated 19.02.2021 in W.P.(C)

No. 4406 of 2021, instant writ appeal is filed.

2. Facts leading to the writ petition are as follows:

The appellant/writ petitioner has availed two loans from the respondent Bank for Rs. 50,00,000/- and Rs.3,30,408/- as loan account Nos. 630119786 and 630784162 respectively. Due to default in making payments, respondent Bank initiated proceedings under the SARFAESI Act. Thereafter, he submitted a representation expressing his readiness to pay off the outstanding amount in 12 equal monthly instalments and to continue to pay the future EMI regularly. However, the writ petitioner was not issued with any notice under Section 13(2) of the SARFAESI Act, 2002. But, later, he came to know about the application preferred by the Authorized Officer of the Bank only when he received copy of order dated 18.11.2019 passed by the learned Chief Judicial Magistrate, Thiruvananthapuram through Whats app message sent by the Bank to the appellant/writ petitioner, on

29.11.2019.

3. Aggrieved by the proceedings initiated by the respondents under the SARFESI Act, 2002, he has filed W.P.(C) No. 34584 of 2020 before this Court.