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2024 Supreme(Mad) 400

SANJAY V. GANGAPURWALA, D. BHARATHA CHAKRAVARTHY
Craft Knit Garments – Appellant
Versus
Board of Directors of Small Industries Development Bank of India (SIDBI) Represented by its Managing Director, Tirupur – Respondent


Advocate Appeared:
C. Kathiravan, Special Government Pleader, A. Anandan, Government Advocate, Mathew J. Nedumpara, S. Isaac Prince, Dhruva for M/s. Anand, Samy, Dhruva, V. Chandrasekaran, C. Mohan, for M/s. King and Partridge, Advocates.

ORDER :

D. Bharatha Chakravarthy, J.

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorari calling for the records on the files of respondent 2 in pursuant to their proceedings: classifying the petitioner's loan account as Non-Performing Asset (NPA); demand-notice TPBO No.150750412/SBL (24), dated 28.06.2017; and possession notice, dated 05.09.2017, and quash the same as being illegal, void, arbitrary, unconstitutional, and contrary to the principles of natural justice.)

1. The Writ Petition:

This Writ Petition is filed with a prayer to call for the records on the file of the second respondent i.e., Small Industries Development Bank of India, in respect of their proceedings, dated 28.06.2017, thereby, classifying the account of the writ petitioner as a Non-Performing Asset (hereinafter referred to as 'NPA') and the consequential possession notice, dated 05.09.2017, to quash the same as being illegal, unconstitutional and without jurisdiction.

The Case of the Petitioner:

2. The case of the petitioner is that it is a manufacturing unit engaged in the manufacture of garments. It was registered as a Tiny Unit with the Directorate of Indu

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