AND W.P.NO.36930 OF 2024 Mr. R.A.Achuthanand, learned counsel appearing for the petitioner.

Mr. Mettu Srinivas Reddy, learned counsel appearing for respondent No.3.

ORDER:

(Per Hon’ble Justice Moushumi Bhattacharya)

1. A Memo filed by the respondent No.3/A.P.Mahesh Co-operative Urban Bank includes the Possession Notice dated 07.05.2022 issued under Rule 8(1) of the Security Interest (Enforcement) Rules, 2002. The Possession Notice refers to a prior notice issued by the respondent/Bank under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002) and a Demand Notice dated 16.07.2020 calling upon the petitioner to repay the outstanding amount as on 30.06.2020 along with interest. The Possession Notice also reflects the name of the petitioner herein as the addressee. The petitioner has been described as the borrower in the said notice.

2. Rule 8(1) of the 2002 Rules refers to Appendix IV of the said Rules and authorizes the concerned officer to deliver the Possession Notice as prepared in accordance with the Appendix IV of the Rules. Appendix IV in turn refers to the failure on the part of the borrower