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2019 Supreme(Gau) 899

ARUP KUMAR GOSWAMI, SANJAY KUMAR MEDHI
Nisita Enterprise Pvt. Ltd. – Appellant
Versus
State Bank of India and Others EP by It’s Managing Director – Respondent


Advocates Appeared:
P.N. Goswami, Adv., B. Das, Adv.

JUDGMENT :

Arup Kumar Goswami, J.

Heard, Mr. I. Choudhury, learned senior counsel for the petitioners. Also heard Mr. K.K. Dey, learned counsel for all the respondents.

2. The loan taken by the petitioners from the respondent Bank was declared NPA. The petitioner firm is a registered micro enterprise. A notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the Act'), was issued, lastly, on 31.5.2019.

3. In response to the said notice, representations were filed. Placing reliance on the document dated 1.1.2019 (Annexure-H) issued by the Reserve Bank of India providing for one-time restructuring of existing loan, Mr. Choudhury submits that the asset classified as NPA can also be restructured. In this connection, he has also drawn our attention to the representation dated 24.09.2019 (Annexure-O) submitted by the petitioners to the respondent Bank and prays for a direction for disposal of the said representation.

4. Mr. Dey submits that no measure has been undertaken under Section 13(4) of the Act and, as such, the writ petition is not maintainable and even if notice under Section 13(4) of the Act i

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