- (1.) HEARD counsel for the parties and perused the record.
(2.) THIS writ petition has been filed for quashing of impugned noticed dated 20th of January, 2010 sent by an advocate on behalf of his client appended as Annexure-II to the writ petition. The petitioner has taken a home loan of Rs. 4,00,000/- from the ICICI Bank Ltd. Sapru Marg, Lucknow for construction of residential house. The aforesaid amount was sanctioned on floating rate of interest the last installment of which was payable on 07.10.2006. Thereafter, home loan facility agreement bearing A/C No. 1 BLU-00000-681729 was also executed between the peti­tioner and the ICICI Bank Ltd., which was original lender. The contention of the learned counsel for the petitioner is that he has received a reg­istered notice dated 20th January, 2010 from the advocate of the bank informing him that original lender has unconditionally and irre­vocably assigned and transferred all its right, title, interest and other documents in terms of section 5 of Securitization and Reconstruc­tion of Financial Assets and Enforcement of Security Interest Act, 2002 in the same ca­pacity to the opposite party No. 2. Copy of the said notice has been appended as Annex­ure-II to the writ petition.
(3.) A perusal of the notice shows that this notice has been served by Advocate Praful Srivastava of the High Court on instructions of client. M/s. Asset Reconstruction Co. (In­dia) Ltd. (hereinafter referred to as ARC1L having its registered office at Shrecpati Ar­cade, August Kranti Marg, Nana Chowk, Mumbai and a branch office at ARC1L ARMS office at 3/55, Park Road, Lucknow. The demand notice indicates that petitioner defaulted in repayment of interest and the principal amount of home loan under the loan facility agreement and it was shown as a non perform assets in the accounts of the bank, accordingly to file directives relating to as­sess classification time to time; By the de­mand notice balance outstanding amount of Rs. 957,087.53 as per schedule-I is thus:- Schedule-I @ Table ------------------- Loan Account No. .LBLU00000681729 Description of Dues Amount of debt in Rupees due ason20-Jan-10 Principal O/s Rs. 341, 521. OO/- Interest O/s Rs. 69.885.96/- Additional Interest O/s Rs. 35.243.57/- Other Charges O/s Rs. 10.437.00/- Total Outstanding Rs. 457.087.53/- The petitioner has filed his objections to the aforesaid notice dated 20th January, 2010 of the advocate. ;