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2022 Supreme(Del) 806

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
IN THE MATTER OF: SUPERTECH REALTORS PRIVATE LIMITED – Appellant
Versus
BANK OF MAHARASHTRA – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Maninder Acharya, Ishan Dewan, V. Siddharth, Viplav Acharya, Udita, Priyal Bopana.
For the Respondents: Nishant Awana, G.S. Awana, Vaibhav Yadav, Monika Arora, Yash Tyagi, Shivam Raghuwanshi.

JUDGMENT :

1. Aggrieved by the dismissal of the writ petition vide Order dated 17.11.2022 passed by the learned Single Judge in W.P. (C) No. 15854/2022, the writ petitioner seeks to assail the said order by way of the instant appeal.

2. The facts in brief, as narrated by the Appellant, reads as follows:

    (i) It is stated that the Appellant is a part of Supertech Group, which is a real estate developer. It is stated that the Appellant approached the consortium of Banks led by Union Bank of India and consisting of Bank of Maharashtra, Central Bank of India, Oriental Bank of Commerce seeking financial assistance for a project, namely ‘Supernova’ at Sector 94, Noida.

(ii) It is stated that a financial assistance of Rs. 735 crores was agreed to be lent by the consortium of Banks and a sum of Rs. 678.22 crore was disbursed. It is stated that a term loan of Rs. 150 crores was also sanctioned by the consortium of Banks.

(iii) It is stated that on 29.09.2018, the account of the Appellant was classified as Non-Performing Asset (NPA).

(iv) Negotiations were held between the Appellant and the con

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