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2017 Supreme(P&H) 2098

SURYA KANT, SUDHIR MITTAL
M. D. Frozen Food Exports Pvt. Ltd. – Appellant
Versus
Hero Fincorp Limited – Respondent


For the Petitioner:Mr.Nitin Kant Setia, Advocate.
For the Respondents:Mr. Akshay Bhan, Senior Advocate, Mr. Alok Mittal & Mr. Divij Kumar, Advocates.

JUDGMENT

Mr. Surya Kant, J. (Oral):- The petitioners are the borrowers to whom financial facility of limit of Rs.6.50 crores in the nature of secured term loan and working capital term loan was advanced by respondent No.1-Institution. As the petitioners defaulted in payment, the 1st respondent initially initiated arbitration proceedings in terms of the loan agreement dated 30.09.2015. Later on, when the 1st respondent was notified as a ‘financial institution’ within the meaning of Section 2(m) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the 2002 Act), it invoked Section 13(2) of the 2002 Act and called upon the petitioner-borrowers to discharge their loan liability within the stipulated period. Thereafter, measures under Section 13(4) of the 2002 Act were taken, followed by an application to the District Magistrate, Gurugram to take possession of the secured assets. The said application has been allowed by the District Magistrate, Gurugram vide the impugned order dated 25.04.2017/01.05.2017 (P-10), directing the Tehsildar-cum-Executive Magistrate, Gurugram to take physical possession of the assets. A furthe











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