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2022 Supreme(Ori) 23

JASWANT SINGH, S.K.PANIGRAHI
Bajaj Finance Limited – Appellant
Versus
Ali Agency – Respondent


Advocates Appeared:
Mr. Ramachandra Panigrahy, Advocate, for the Appellant; Mr. Santanu Kumar Sarangi, Advocate, Mr. S. P. Mishra, Senior Advocate, Mr. Soumya Mishra, Advocate, for the Respondent.

ORDER

Jaswant Singh, J. - The secured creditor is before this Court challenging the order dated 9th of March, 2021 (Annexure-P/1) passed by the learned Chief Judicial Magistrate, Cuttack, rejecting the application filed by the Petitioner-Finance Company under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short referred to as "the SARFAESI Act").

2. The brief facts are that M/s. Ali Agency, a partnership farm (O.P. No.1) had been sanctioned and disbursed a loan amount of Rs.2,81,25,000/- (Rupees two croreeighty-one lakhs and twenty-five thousand only) by the Petitioner. The Opposite Party Nos.2 and 3 are the partners of the Opposite Party No.1, and also co-borrowers. The loan was secured by mortgaging a residential property owned by Opposite Party No.3. Due to lack of financial discipline, the loan account was declared as Non-Performing Asset (NPA) on 4th October, 2017. A demand Notice under Section 13(2) of the SARFAESI Act, 2002 was issued on 6th November, 2017 seeking to recall outstanding amount of Rs.2,85,04,685/- (Rupees two crore eighty-five lakh four thousand six hundred eighty-five only) due as on 6

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