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2021 Supreme(Gau) 822

SUDHANSHU DHULIA, M. R. PATHAK
Pratul Kumar Ghosh – Appellant
Versus
Ashish Agarwal – Respondent


Advocates Appeared:
For the Petitioners: Mr. S. Mitra.
For the Respondents: Mr. I.S. Majumdar and Mr. S. Dutta.

JUDGMENT :

(Sudhanshu Dhulia, J.) :-

The matter is taken up through video conferencing.

2. Heard Mr. S. Mitra, learned counsel for the petitioners. Also heard Mr. I.S. Majumdar, learned counsel appearing for the respondent No. 1 and Mr. S. Dutta, learned counsel appearing for the respondent' Nos. 2, 3 and 4.

3. The petitioners before this court had taken a loan from respondent-Bank, i.e., Bank of India, in the year 2014 in the form of Cash Credit Limit of Rs,30,00,000. The amount was not paid in time and thereafter the account of the petitioners was declared, as non-performing asset (‘NPA’) by the respondent-Bank on 31.3.2019, and proceedings were initiated under section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’). The petitioners received a notice under section 13(2) of the SARFAESI Act on 6.5.2019 and not being satisfied, with the reply of the petitioners, symbolic possession was also taken and thereafter physical possession to the mortgaged property was taken on 6.12.2019. Till this stage, the petitioners did not approach either the Debts Recovery Tribunal or this court. Thereafter, the petitioners

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