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2024 Supreme(Kar) 27

M. NAGAPRASANNA
ANIL H. LAD S/O LATE SHRI HEEROJI LAD – Appellant
Versus
AUTHORISED OFFICER PUNJAB NATIONAL BANK, BENGALURU – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: K. SUMAN, JAYANTH V.
For the Respondent: VIGNESH SHETTY.

ORDER :

1. The petitioner is before this Court calling in question a sale certificate dated 16-09-2015 and the order of the Debts Recovery Tribunal, Bengaluru (hereinafter referred to as ‘the Tribunal’ for short) passed in S.A. No. 502 of 2014 dated 13.05.2015. Therefore, in effect the petitioner seeks to call in question proceedings/orders of nine years vintage.

2. Shorn of unnecessary details, facts in brief, germane are as follows:

    The petitioner is a guarantor to a credit facility availed by one M/s.V.S.Lad and Sons from the 1st respondent/Punjab National Bank (hereinafter referred to as ‘the Bank’ for short) in a sum of Rs. 12.67 crores on 17-07-2008. The property of the petitioner was offered as security to the loan availed by the borrower. It appears that the credit facility granted to the borrower was modified and the modified sanction letter depicts that the value of the property offered for mortgage to the Bank was assessed at Rs. 8/- crores. The loan becomes sticky. The Bank initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI’ for short) by issuing a notice under Section 13(2) theret

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