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2023 Supreme(Gau) 114

SANDEEP MEHTA, SOUMITRA SAIKIA
Asean Agencies – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. N. Saikia, Advocate
For the Respondent:Mr. A. Ganguly, Advocate, Mr. A. Dhanuka, Advocate

JUDGMENT :

SOUMITRA SAIKIA, J.

This petition is filed by the petitioner seeking a direction from this Court to the respondent Bank to initiate action as per the RBI Circular dated 05.05.2022 and the Pre-Packaged Insolvency Resolution Process under the Insolvency and Bankruptcy Code, 2016 instead of proceeding under the SARFAESI Act. The writ petitioner is a proprietorship firm which is a registered Class-I(A) contractor of (R&B) PWD Department, Government of Arunachal Pradesh. The petitioner is represented by its proprietor Shri Tarik Talom. The petitioner firm has its corporate office at Itanagar in Arunachal Pradesh and is also registered under Goods & Service Tax Act, Act vide registration No. 12ACQPT0456M2Z5. The petitioner firm is also registered under MSME Act bearing Udyog Adhar No. AR10B0000504. According to the petitioner, he has executed successfully various works under various departments including NF Railway, GM Office. The petitioner applied for a loan from the Bank of India, Khanapara Branch. The respondent No. 4/Bank of India after due consideration of the applic

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