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DIPANKAR DATTA
Metsil Exports Private Ltd. – Appellant
Versus
Punjab National Bank – Respondent


Counsel for the Parties:
For the Petitioners:Mr. Sabyasachi Chowdhury, Mr. S.E. Huda and Mr. Awadhesh Kumar Rai, Advocates
For the Respondents:Mr. Joy Saha, Sr. Advocate, Mr. V. Raja Rao and Ms. Aparajita Rao, Advocates

JUDGMENT

Dipankar Datta, J.—This writ petition dated July 8, 2015, mounts a challenge to a demand notice dated March 17, 2015 issued under section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter referred to as ‘the Act’) by the Authorized Officer, Punjab National Bank (hereafter the second respondent), and the rejection of the petitioners’ objection dated May 16, 2015 to such demand notice by the second respondent by his letter dated May 30, 2015.

2. At the time the writ petition was first considered by this Bench, it was found to be unusual that the demand notice under section 13(2) of the Act, apart from being served on the petitioners, was also published in two daily newspapers (the respective editions of ANANDA BAZAR PATRIKA and THE TIMES OF INDIA, dated April 5, 2015) with the photograph of, inter alia, the second petitioner, a director of the first petitioner. Such publication also contained photographs of two other directors of the first petitioner.

3. The demand notice published in the newspapers at the instance of the second respondent revealed that he had reasons to believe that the “borrowers/d













































































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