Smt Bhavya Vs Canara Bank

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE POSSESSION NOTICE AT ANNEXURE-D DATED: 20.10.2023 ISSUED BY THE RESPONDENT BANK BY ALLOWING THE ABOVE PETITION.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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3 -

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NC: 2026:KHC:14273 WP No. 12210 of 2024

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HC-KAR

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ORAL ORDER

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The present writ petition is filed seeking the following

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prayer:

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"Therefore the petitioner prays that this Honourable Court be pleased to

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i. Set aside the possession notice at Annexure-D dated 20.10.2023 issued by the respondent Bank by allowing the above petition.

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ii. Issue any other suitable writ, order or direction that this Honourable Court deem fit under the circumstances of the case."

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It is the contention of the learned counsel for

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petitioner that the original borrower died on 08.05.2021 and in spite of bringing it to the notice of the respondent, the respondent had issued the impugned notice dated 15.07.2023. It is submitted that the proceedings cannot be continued against the dead person and in support of their case to show that the original borrower is no more and he died on 08.05.2021, they have placed the death certificate.

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Learned counsel appearing for the respondent does not dispute the same.

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4 - NC: 2026:KHC:14273 WP No. 12210 of 2024

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HC-KAR

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Having heard the learned counsels on either side,

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perused the material on record. The respondent-Bank cannot proceed against the dead person. Accordingly, this court is passing the following:

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ORDER

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i. The impugned notice issued under Section 13(2) of the Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 dated 15.07.2023 is set aside.

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