3' The case of the applicant, in brief, is that bank had sanctioned credit facility to M/s D.R. Enterprises through its sole proprietor Shobha Rani Agarwal (presently deceased) against the subject property of the applicanr. That bank without giving any proper opportunity, prior notice & intimation and without assigning any reason has illegally classified the account as NpA and proceeded with the recovery under SARFAESI Act,20 02. That bank issued demand notice dtd.24-05-21 to a dead person and no date of Np.A has been mentioned in the demand notice. Thereafter bank had issued defe,ctive possession notice dtd.09-08 -21 in the name of firm which had lost is legal entity after the death of its proprietor and the said possession notice was affixed on the property of the applicant. That possession notice was never served on applicant and neither published in two newspapers. That bank had issued proclamation of sale dtd.07-03-22 which was found affixed o' 25-03-22 on the subject property fixing the auction on 24-03-22. l'hat bank had changed the name of sole proprietor without the consent of the applicant and bank is under legal compulsion to bring on record the documentarv evidence in this regard. That the action of the bank is in violation of' rnandatory provisions of SAMAESI Act and rules made thereunder. That bank is not having any security interest in its favour and bank has also not served the sale notice to applicant and had also not published the same ,:,r*,n
