IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.I.CHAGLA, FARHAN P.DUBASH
Ray Projects Pvt. Ltd. – Appellant
Versus
Board of Directors of Canara Bank – Respondent
JUDGMENT :
1. By this Writ Petition, the Petitioners are seeking a direction to the Central Government and Reserve Bank of India to enforce the Notification (‘MSME Notification’) dated 29th May, 2015 and further ensure that the recovery action initiated against the Petitioners that is stated to be in violation of the mandate of the MSME Notification is recalled. The Petitioners have accordingly sought to restrain further action being taken by the Respondent Nos.1 to 3 (“Respondent – Bank”) under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “SARFAESI Act”) for enforcement of its security interest.
2. Petitioner No.1 is stated to be a private limited, small manufacturing company registered as a Micro, Small and Medium Enterprise (MSME) Unit under the Micro, Small and Medium Enterprises Development Act, 2006 (for short “MSMED Act”) and is claiming entitlement to the benefits of the MSMED Act read with the MSME Notification dated 29th May, 2015. The Petitioners have relied upon the Petitioner Company’s MSME Udyog Aadhaar Registration Certificate dated 6th September, 2019 annexed at Exhibit ‘A’ to the Petition and Peti
Banks must follow MSME Notification procedures to identify stress in accounts before classifying them as NPAs. Failure to do so legitimizes subsequent enforcement measures under the SARFAESI Act.
The classification of accounts as Non-Performing Assets (NPA) under the SARFAESI Act is valid if MSMEs do not timely assert their status, failing to invoke protections under the MSMED Act's revival f....
Borrowers classified as MSMEs must assert their status before NPA classification to invoke benefits under the SARFAESI Act; failure to do so precludes subsequent claims.
A registered MSME must disclose its status before NPA classification to invoke protections under relevant frameworks; failure to do so precludes later challenges to recovery actions.
Banks must adhere to the Framework for Revival and Rehabilitation of MSMEs before classifying accounts as non-performing assets, obligating both banks and MSMEs to fulfill their respective duties.
Borrowers must timely assert MSME status to access protective benefits under the MSMED Act; simultaneous recovery proceedings under SARFAESI and RDB Acts are permissible.
Banks are required to follow statutory protocols for MSME accounts before classifying them as NPAs; failure to do so renders the classification invalid.
Instructions/Directions issued by Central Government under Section 9 of MSMED Act and by RBI under Sections 21 and 35A of Banking Regulation Act, 1949 have statutory force and are binding to all Bank....
The jurisdiction of a writ petition must align with the location where the cause of action arises, not merely the respondent's address.
The court ruled that the borrower’s failure to timely assert its MSME status and follow regulatory guidelines allowed the bank to declare the loan account as NPA and pursue recovery without further o....
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