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2016 Supreme(P&H) 681

S.J.VAZIFDAR, ARUN PALLI
Oswal Spinning & Weaving Mills Ltd. – Appellant
Versus
Reserve Bank of India – Respondent


For the Petitioner:Mr. Aalok Jagga, Advocate and Mr. Karanyog Singh Riar, Advocate
For the Respondent Nos.2 and 3:Mr. Rajiv Atma Ram, Senior Advocate with Mr. Bhavpreet Singh Dhatt, and Mr. Manish Jain, Advocates.

JUDGMENT

Mr. S.J. Vazifdar, ACJ.:- The petitioner seeks a writ of certiorari to quash a demand notice dated 04.04.2014 issued by respondent No.2-Kotak Mahindra Bank Limited under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and the reply submitted by respondent No.2 under Section 13(3A) of the Act pursuant to the orders of this Court in CWP No.10957 of 2014. The writs are sought on the ground that the impugned orders are without jurisdiction. Respondent No.3 is the Chief Manager of respondent No.2.

The petitioner has also sought a writ of mandamus directing the respondents to upgrade its loan account i.e. Export Packing Credit (EPC) to a standard loan account from the Non Performing Asset(NPA) category. This writ is sought on the basis of a Master Circular issued by respondent No.1-Reserve Bank of India.

2. We would normally have relegated the petitioner to the alternate remedy of filing an appeal under Section 17 of the SARFAESI Act. However, Mr. Jagga, the learned counsel appearing on behalf of the petitioner restricted his submissions in this case to a purely jurisdictional issue. We are i



































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