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2023 Supreme(Ker) 1007

N. NAGARESH
Jayakumar R. , S/o. Rathinamoorthy M. – Appellant
Versus
State Bank Of India, Represented By Its Chief Manager – Respondent


Advocates Appeared:
For the Petitioner: Anupama Johny, Saisankar S., Tom K. Thomas.
For the Respondents: Tom K. Thomas.

JUDGMENT :

The petitioner, who is a farmer in possession of 123.52 Ares of agricultural land in Chittur Taluk of Palakkad District, is challenging Ext.P10 order passed by the Debts Recovery Tribunal-I, Ernakulam in I.A. No.1633/2023. The IA was one filed seeking appointment of Advocate Commissioner to inspect the secured asset covered by Exts.P2 Sale Notice and report the lie and nature of the property and to report the nature of cultivation carried out in the property.

2. The petitioner states that he applied for an agricultural loan from the 1st respondent Bank. The Bank sanctioned Rs.25,50,000/-. Unprecedented floods in 2018 caused heavy loss to agriculture and the EMIs were defaulted. The floods were followed with Covid-19 pandemic. The Bank filed Ext.P1 OA. No.200/2022 in the DRT seeking to realise Rs.34,63,312.49. Ext.P2 e-auction notice was published thereafter on 10.04.2023, for recovery of Rs.37,16,813/-.

3. The petitioner states that it is evident from Ext.P1 OA that the loan sanctioned to the petitioner was agricultural loan intended for benefiting the farmers. No proceedings can be initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement

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