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2023 Supreme(Guj) 636

VIPUL M. PANCHOLI, HASMUKH D. SUTHAR
Baroda Electro Engineering Products Private Limited – Appellant
Versus
Bank Of Baroda – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Harshit R Purohit
For the Respondent: Ms Nalini S Lodha

ORDER :

Vipul M. Pancholi, J.

1. This is an appeal by the appellants-original petitioners, filed under Clause 15 of the Letters Patent, challenging the judgment and order, Dated: 24.11.2022, passed by the learned Single Judge of this Court in Special Civil Application No. 22493 of 2022, whereby, the petition filed by the appellants came to be dismissed

2. Brief facts of the case, leading to the filing of the present appeal, reads thus; Petitioner no.1, which is a company registered under the provisions of the Companies Act, 1956, is engaged in the business of manufacturing of transmission line hardware, upto 800kV. It may be noted that the Bank, which was formerly known as the Dena Bank, had advanced financial assistance to appellant No.1 in the years 1995 and 2005.

2.1 Since, appellant no.1-Company was unable to pay the outstanding dues of the bank, the account of appellant no.1-Company was declared as NPA (Non-Performing Asset) in the year 2008 by the Dena Bank. Pursuant thereto, the proceedings under the The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 (‘SARFAESI Act’, hereinafter) were initiated in the year 2009. Thereafter, t

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