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2015 Supreme(Cal) 453

DIPANKAR DATTA
Jagdish Sarda – Appellant
Versus
State Bank of India – Respondent


Advocates:
Advocate Appeared:
For the petitioner:Mr. Kishore Dutta, Sr. Advocate, Mr. S.M. Akhtar, Advocate
For the respondents 1 & 2:Mr. Joy Saha, Advocate, Ms. Mekhla Kanji, Advocate, Mr. Shamit Sanyal, Advocate, Mr. Anirban Das, Advocate

JUDGMENT :

1. Sunbio Technology Limited, the third respondent, is a debtor of the State Bank of India, the first respondent, having committed default in repayment of dues in excess of Rs.26 crore. The due repayment and discharge of the balance due and/or to become due under the credit facilities was secured, inter alia, by the personal guarantee of the petitioner who executed a Deed of Guarantee in his personal capacity on being approached by the third respondent for working capital credit limit to be accorded by the first respondent to the third respondent. It is claimed by the petitioner that no security interest was created by him in favour of the first respondent for grant of credit facilities to the third respondent. It is, however, not in dispute that the third respondent defaulted in making payment resulting in the loan account becoming irregular, whereafter the first respondent invoked the provisions of section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter the Act). At the centre of controversy is an e-auction notice issued by the second respondent (authorized officer of the first respondent), publi


































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