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2003 Supreme(Guj) 418

JAYANT PATEL
APEX ELECTRICALS LTD. – Appellant
Versus
I. C. I. C. I. BANK LTD. – Respondent


Advocates Appeared: A.M.PAREKH, A.M.Raval, AMAR BHATT, BHAGABAT CHOUDHURY, C.L.SONI, CHUDGAR, G.S.THAKKAR, J.T.TRIVEDI, JAYESH A.DAVE, K.S.Nanavati, M.J.THAKUR, M.S.SHAH, MIHIR H.JOSHI, N.K.MAJMUDAR, P.S.CHAMPANERI, P.V.NANAVATI, PANESAR, S.N.Soparkar, S.S.SHAH, SANGIT CHANDRA

JAYANT PATEL, J.

( 1 ) IN all these petitions challenge is made by the concerned petitioners to the action taken by the concerned respondent bank or Financial Institution, as the case may be, under the Act. In majority of the cases the action under challenge is at a stage of issuance of notice under sec. 13 (2) of "the Securitisation and Reconstruction of Financial Assets and enforcement of Security Interest Act, 2002" (hereinafter referred to as "the act"), requiring the borrower, by notice in writing, to discharge full liabilities of secured creditors. Only in few cases which shall be dealt with at the appropriate stage, there is challenge to other actions of Bank in addition to the action for challenging the notice. The challenge is also to the action of the Bank of taking steps under Sec. 13 (4) of the Act of either sealing secured assets and/or for taking possession of the secured assets. It is also an admitted position that as per the information supplied to the Court that none of the petitioners has approached Debts Recovery Tribunal (hereinafter referred to as "d. R. T. ") against the action of the Bank under Sec. 13 (4) of the Act by preferring appeal under sec. 17 of the





















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