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2022 Supreme(Guj) 813

Rajesh Sukamaran Nambiar – Appellant
Versus
Central Bank Of India Through The Chief Manager – Respondent


Advocates appeared:
Vimal A.Purohit, Shrenik R.Jasani, Sandip C.Bhatt, Advocates

JUDGMENT :

1. By way of the present petition, petitioners are invoking the issuance of writ against the impugned notice issued by the respondent-Bank under the provisions of Section 13(2) of the Securitization & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the SARFAESI Act, 2002') dated 16.07.2021, by virtue of which the respondent-Bank has demanded a sum of Rs.33,96,571/-to the directors of the company/guarantor of Pentacool Soft Drinks Private Limited (hereinafter referred to as 'the Company' for short) registered under the provisions of the Companies Act, 2013. The said notice mentions the present petitioner in the capacity of guarantor. It is the case of the petitioners i.e. petitioner no.1 Rajeshkumar Sukumaran Nambiar was one of the founder directors of the company, which came to be incorporated on 01.04.2011. In all there were two directors including the present petitioner no.1.

2. It appears that the company had availed the financial facility from the respondent-Bank, against which the residential property mentioned in the Schedule-III in the impugned notice dated 16.07.2021 came to be mortgaged. It is further st

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