IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.SAHOO, S.S.MISHRA
Trayambakam Healthcare – Appellant
Versus
State Bank of India – Respondent
ORDER :
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
2. Mr. R.P. Kar, learned Senior Advocate files his appearance memo, which is taken on record.
3. Mr. D.K. Mohapatra, learned counsel and his associates files power for the State Bank of India, which is also taken on record.
4. This writ petition has been filed by the petitioners with the following prayer:
I. Quashing the action of classification of loan account as NPA by opp. party no.3 vide letter dated 02.05.2025;
II. Setting aside the SARFAESI recovery proceedings initiated under section 13 of the SARFAESI Act by State Bank of India against the petitioner through a demand notice issued on 29.05.2025 under section 13(2) of the said Act;
III. Declaring that the petitioner being an MSME within the meaning of sections 7 and 8 of the MSMED Act , 2006, it is entitled to the benefits of the said Act and, in particularly, the notification S.O.1432(E) dated 29.05.2015 issued by the opp. party no.8 under section 9 of the Act which provides for a mechanism of resolution of stress of MSMEs, as also, the circulars and guidelines;
IV. Directing the opp. parties Bank authorities to follow the prescribed fram
Banks must follow statutory frameworks for classifying MSME loans as NPAs, ensuring adherence to regulations before taking coercive actions.
A registered MSME must disclose its status before NPA classification to invoke protections under relevant frameworks; failure to do so precludes later challenges to recovery actions.
MSMEs must raise their status before loan accounts are classified as NPAs; failure to do so precludes later claims for benefits under the SARFAESI Act.
Banks are required to follow statutory protocols for MSME accounts before classifying them as NPAs; failure to do so renders the classification invalid.
The court emphasized that banks must adhere to the MSME Framework before classifying an MSME account as NPA and highlighted the responsibility of MSMEs to engage with the process timely.
Instructions/Directions issued by Central Government under Section 9 of MSMED Act and by RBI under Sections 21 and 35A of Banking Regulation Act, 1949 have statutory force and are binding to all Bank....
The court upheld that simultaneous proceedings under the SARFAESI Act and the Recovery of Debts and Bankruptcy Act are permissible, and reiterated principles of res judicata and the responsibilities ....
Borrowers classified as MSMEs must assert their status timely to benefit from protective frameworks; failure to do so precludes relief under the SARFAESI Act.
Banks must follow MSME Notification procedures to identify stress in accounts before classifying them as NPAs. Failure to do so legitimizes subsequent enforcement measures under the SARFAESI Act.
The court upheld the shared responsibility of MSMEs and lenders in identifying loan stress, clarifying the application of the Framework for Revival and Rehabilitation of MSMEs.
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