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2016 Supreme(Ker) 678

MOHAN M.SHANTANAGOUDAR, SATHISH NINAN
TOM THOMAS OLASSAYAIL – Appellant
Versus
STATE BANK OF INDIA OVERSEAS BRANCH, REPRESENTED BY ITS MANAGER – Respondent


Advocates Appeared:
For the Appellant : SRI. P.K.SURESH KUMAR (SR.), SRI. BRIJESH MOHAN
For the Respondent: SRI. ALEXANDER JOSEPH, SRI. K.K. CHANDRAN PILLAI (SR.), SMT. S. AMBILY, SRI. A.SUDHI VASUDEVAN (SR.)

JUDGMENT :

Sathish Ninan, J.

1. The appeal is directed against the order dated 08.04.2016 in R.P No.981 of 2014 in W.P.(C) No.8259 of 2009, by the petitioners in the writ petition who were respondents 1 and 2, in the Review Petition.

2. The subject matter relates to the proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, SARFAESI Act). The first respondent in the appeal is the secured creditor, who is the 1st respondent in the writ petition and the petitioner in the review petition. The second respondent company was the borrower. The appellants were the original Directors of the second respondent company. They have guaranteed the due repayment of the credit facilities. The third respondent in the appeal is the assignee of the shares of the appellants in the second respondent company. For the sake of convenience, hereinafter, the appellants are referred to as guarantors; the 1st respondent as the creditor; the 2nd respondent as the borrower company; and the 3rd respondent as the 3rd respondent.

3. From the year 1994, various credit facilities were availed of by the borrower company from the creditor bank.

























































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