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2010 Supreme(Mad) 2672

T.MATHIVANAN, D.MURUGESAN
Signal Apparels Pvt. Ltd. & Another – Appellant
Versus
Canara Bank P. N. Road Branch, Tirupur & Another – Respondent


Advocates appeared:
For the Petitioners:R. Gowthama Narayanan, Advocate.
For the Respondents: R1, V. Adhivarahan & R2, Given up.

Judgment

D. MURUGESAN, J.

1. Both the writ petitioners are the companies doing business in manufacture and export of readymade garments. The petitioner in W.P.No.5313 of 2010, viz. M/s.Signal Apparels Pvt. Ltd., commenced its production in the year 2002 and started availing credit facilities from Canara Bank, Tiruppur, the first respondent. According to the petitioner, it has good track record of banking with the first respondent-bank from 2002 till May, 2009. To the surprise of the petitioner, the respondent-bank, by its recall notice dated 312. 2009, informed the petitioner that the liability mentioned therein in their accounts were outstanding without any progress and therefore, the company was advised to clear the liabilities in full with up-to-date interest within fifteen days from the date of the said notice. The petitioner was further informed that in the event it failed to clear the liabilities on or before 15.01.2010, the respondent-bank would initiate appropriate steps for recovery including legal measures. Even before the time for payment, viz., 15.01.2010, was expired, the respondent-bank issued notice dated 04.01.2010 under Section 13(2) of the Securitisation and Recon







































































































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