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2012 Supreme(Ker) 519

P.R.RAMACHANDRA MENON
Malabar Sand & Stones (Pvt. ) Ltd – Appellant
Versus
Catholic Syrian Bank Limited – Respondent


ORDER

The legal question involved in this writ petition is, whether Ext. P16 communication issued by the Bank is in conformity with the mandatory requirement under Section 13 (3A) of the SARFAESI Act, in dealing with Ext. P15 representation preferred by the petitioner in response to Ext. P14 notice under Section 13(2) of the Act.

2. The petitioner, a Company incorporated under the relevant provisions of the Companies quarrying unit in stone crusher unit and a Act, with intent to set up a Kannur district, proceeded with steps for procuring all the requisite licences and sought to avail financial assistance from the respondent Bank. As a matter of fact, four different loans were sought for; among which, three loans were granted on 14-08-2009 and one loan was granted on 17-08-2010, on the strength of guarantee given by the parties concerned and of course on the basis of security interest created over different extents of property. On receipt of Ext. P14 notice under Section 13(2), the petitioner preferred Ext. P15 reply/representation, pointing out the various adverse circumstances relevant to be considered and seeking not to wilful defaulter and to refrain from further proceedings. de




























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