installments as per the terms and conditions of the Home Loan; that applicant was repaying the dues of bank regularly however, as per the bank, the applicant failed to maintain the financial discipline as per the requirement of bank therefore, account of applicant was classified as NPA; that due to Covid 19 Pandemic the business of applicant was also affected and the applicants suffered huge losses due to heavy cash crunch therefore, the debtors failed to repay the amount; applicant never received notice dated 22.09.2021 said to have been issued by respondent under Section 13(2) of the Act in which a sum of Rs.33,92,391/- was to be paid within 60 days; that as stated above respondent without serving the mandatory demand notice dated 22.09.2021, issued possession notice dated 09.07.2022, wherein they have asked the applicant and his wife to remove the house hold items/personal belongings as respondent has fixed the date to take the possession on 18.07.2022 or any other day thereafter; that applicant was paying the dues of respondent as per the terms and conditions of the Home Loan Facility granted to applicant; that however, respondent without any valid reason declared the account of applicant as NPA; that perusal of account statements would show that applicant is not only being charged unreasonable interest but also being overburdened by interest capitalization; that therefore, respondent is responsible by illegally declaring the account of the applicant as NPA; that bare scrutiny of the notice under Section 13(2) of the Act would reflect that unwarranted amounts have been debited to account and exorbitant rate of interest has been charged with other expenses; that in view of the above submissions, respondent having no right to proceed against the applicants based on the notices under Section 13(2) and 13(4) of the Act. It was prayed that the action taken by respondent against the applicant based on the said notices is illegal, null and void, not sustainable under law and as such is liable to be set aside/quashed.
