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N.V.ANJARIA
Cure Life Care Pvt. Ltd. – Appellant
Versus
Authorised Officer – Respondent


Counsel for the Parties:
For the Respondents:Mr. Kamal Trivedi, Sr. Advocate with Mr. Vishwas K Shah and Mr. Sandip C Bhatt, Advocates

JUDGMENT (CAV)

N.V. Anjaria, J.—The first prayer in this petition is to set aside notice dated 08th July, 2016 given by the first respondent under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. By second prayer, Notice under Section 13(4) of the said Act issued on 08th September, 2016 is prayed to be set aside. It is further prayed to direct respondent-Bank to provide all the documents as asked for in the objections by the petitioners.

2. The petitioners pray that the action taken by the respondents under the Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) be declared as without authority in law.

3. The first petitioner company took financial assistance by way of Cash Credit and Term Loan from the respondents. The petitioner No.2 is Director of the company who guaranteed the loan of the borrower. Upon failure of repayment, the respondent Bank invoked the provisions of the SARFAESI Act, proceeding to issue notice dated 05th July, 2016 under Section 13(2) of the Act demanding the amount of Rs.18, 35, 32, 088.25 Ps. as due on the date of the notice with interest

























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