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2024 Supreme(Ker) 1502

NITIN JAMDAR, S. MANU
P. K. Krishnakumar, Managing Partner, M/s. Powerplus Power – Appellant
Versus
Induslnd Bank – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ADVS. SRI. MATHEWS J. NEDUMPARA, SMT. MARIA NEDUMPARA
For the Respondent: BY ADVS. SRI. RENJITH R.NAIR, SMT. ANJU MOHAN(K/916-D/2000)

JUDGMENT :

Nitin Jamdar, C. J.

The Appellants/Original Petitioners have filed this appeal under Section 5 of the Kerala High Court, 1958, challenging the order passed by the learned Single Judge dated 24 October 2024, dismissing W.P.(C) No.41576 of 2023.

2. The Petitioners, by way of the writ petition, had sought nine reliefs, including various declarations primarily concerning the action of the Respondent Bank in proceeding under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act). The main contention of the Appellants is based on the status of the Appellant Enterprise, which they allege is a Micro, Small and Medium Enterprises (MSME).

3. The Appellants approached the Respondent Bank for financial assistance. They were granted financial assistance by way of a loan against property and working capital for a sum of Rs.1,25,01,220/-and another loan account of Rs.24,00,000/-. As per the terms and conditions of the loan agreement, the Appellants were liable to repay the loan amounts along with interest.

4. The Bank proceeded against the Appellants since they failed and neglected to pay the dues and became a

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