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2023 Supreme(Kar) 973

KRISHNA S.DIXIT
Valdel Engineers And Constructors Private Limited – Appellant
Versus
Cfm Asset Reconstruction Private Limited – Respondent


Advocates appeared:
S.S.Naganand, Advocate, Sumana Naganand, Advocate

JUDGMENT

1. Petitioner, a private limited company incorporated under the provisions of the erstwhile Companies Act, 1956, is knocking at the doors of Writ Court for calling in question the loan repayment demand notice dtd. 4/5/2023 issued u/s 13(2) at Annexure-K, and the reply dtd. 20/6/2023 issued u/s 13(3) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 at Annexure-N. Both these communications have been issued by the respondent- financial institution, for coercing the loan recovery which is secured by the lands in question.

2. Learned Sr. Advocate appearing for the petitioner argues that the subject lands which are furnished by way of security for the repayment being agricultural in nature, the same are exempt from proceeded against in view of Sec. 31(i) of the Act. An application is also moved seeking leave of the court to amend the petition by adding two more grounds namely 12A and 17.5. The new ground 12A is an elaboration as to the subject land continuing to be agricultural despite there being conversion orders at Annexures-P, Q, R, S, T & U. The other ground at paragraph 17.5 is as to violation of principles of natur

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