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2008 Supreme(Jhk) 629

N.N.TIWARI
D. N. Motors – Appellant
Versus
State Bank Of India – Respondent


JUDGMENT

Narendra Nath Tiwari, J.

1. The petitioner, in this writ petition, has prayed for quashing the notice dated 23.10.2007 issued under Section 13(2) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 whereby the petitioner has been asked to discharge in full the liabilities to the tune of Rs. 10,78,529/- to the Bank within sixty days from the date of issuance of the notice. The petitioner has also prayed for a direction to dispose of the representation dated 14.12.2007 filed under the provision of Section 13(3-A) of the Act in response to the notice sent to him under Section 13(2) of the said Act.

2. The petitioner deals in motor parts and other accessories and his shop is at Ratu Road, Ranchi. For smooth running of the shop, he had applied for loan from the Respondent-Bank through its Jugsalai Branch. The loan was sanctioned by a letter dated 22.1.2004 to the petitioner whereby cash credit facility was sanctioned to the petitioner up to Rs. 10 lakhs. The said cash credit facility was secured by the securities as also by equitable mortgage of landed property of the value of Rs. 19,97,600/-. The loan was also secured by 3 rd















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