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2019 Supreme(Gau) 795

AJAI LAMBA, ACHINTYA MALLA BUJOR BARUA
Friends Distillery And Bottling Industry Pvt. Ltd. – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
S. Sancheti, Adv., T.C. Chutia, Adv., K. Kashyab, Adv., D. Musahary, Adv.

JUDGMENT :

Ajai Lamba, J.

Friends Distillery and Bottling Industry Pvt. Ltd and 2 others have preferred this petition for issuance of a writ in the nature of certiorari for quashing order dated 31.3.2017 issued under Section 13(2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (for short, the Act of 2002).

    The petitioners also seek quashing of order dated 18.8.2017.

2. We have heard learned counsel for the petitioners and have gone through the documents available on record. The sequence of events, in brief, is required to be noticed. It appears that the petitioner No.1 is a Private Limited Company incorporated under the Companies Act, 1956. It appears that petitioner company took some financial assistance from the respondent No.4, Langpi Dehangi Rural Bank. It further appears that the amount due towards creditor/respondent No.4 bank was not repaid as per the schedule. In such circumstance, notice under Section 13(2) of the Act of 2002 was issued vide the notice dated 5.7.2016 which is placed on record as Annexure-VII.

3. The petitioner company appears to have given a reply to the said notice dated 7.9.2016. Subsequently, the pro

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