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2022 Supreme(Raj) 1969

ASHOK KUMAR GAUR
Hotel The Royal Plaza – Appellant
Versus
Bank Of India – Respondent


Advocates appeared:
Mr. Mitul Jain, for the Appellant
Mr. Ajay Shukla, for the Respondent.

ORDER

1. The instant petition challenges order dated 22.10.2019 passed by the Debt Recovery Tribunal, Jaipur and judgment dated 27.04.2021 passed in O.A. No.989/2018.

2. Counsel for the petitioners submitted that the present petitioners had taken a term loan for business purposes from the respondent-bank in the year 2013. The petitioners paid regular EMIs but due to certain financial difficulties and on account of loss in business, the account of the petitioners become NPA.

3. Counsel submitted that Ministry of Finance issued a Gazette Notification dated 06.09.2018 whereby limit of recovery proceedings under The Recovery of Debts due to Banks and Financial Institutions Act, 1993 (for short 'the Act of 1993') before the DRT was increased from Rs.10 lacs to Rs.20 lacs and matters above Rs.20 lacs could be filed before the DRT.

4. Counsel submitted that the Notification dated 06.09.2018 was put to challenge before the Division Bench of this Court and there was an interim order passed on 11.11.2018.

5. Counsel for the petitioners submitted that respondent-bank taking advantage of the stay granted by this Court, filed an original application under Section 19 of Recovery of Debts and Bankrupt

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