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2023 Supreme(Ker) 714

K. BABU
Thara Philip – Appellant
Versus
Federal Bank Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Madhu Radhakrishnan, Nelson Joseph, M.D.Joseph, Deepak Ashok Kumar, Nevil Noble
For the Respondent: Mohan Jacob George, Standing Counsel, P.V.Parvathy, Reena Thomas, Nigi George, Ananthu V.Lal

JUDGMENT :

The petitioner challenges the proceedings initiated against her by the respondent, the Federal Bank Ltd., Sultan Bathery branch, under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFEASI Act).

2. The relevant facts are extracted below:

2.1. M/s. Thara Coffee Pvt. Ltd., a partnership firm, availed a credit facility from the respondent-Bank. The petitioner stood as guarantor for the said credit facility availed by the firm. An extent of 3 acres of land in Resurvey No.549/2 along with a processing unit owned by the petitioner and another extent of 5.90 cents of land with a residential building in Resurvey No.214/15 and a further extent of 36 cents of land with a residential building in Resurvey No.240/4 of Sultan Bathery village were mortgaged for availing the credit facility.

2.2. The partnership firm availed a credit facility of Rs.1,95,40,000/- from the bank.

2.3. The borrowers defaulted in repaying the loan availed. On 14.06.2022, the bank classified the account of the borrowers as Non-Performing Asset (NPA). The bank initiated the proceedings under the SARFAESI Act. A demand notice under Section 13(2) of the SAR

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