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2019 Supreme(P&H) 1395

AJAY KUMAR MITTAL, MANJARI NEHRU KAUL
Amar Alloys Pvt Limited (Regd) – Appellant
Versus
State Bank Of India – Respondent


Advocates Appeared:
Supriya Garg, Adv., Vikas Chatrath, Adv.

JUDGMENT :

Ajay Kumar Mittal, J.

1. Through the instant writ petition filed under Article 226 of the Constitution of India, the petitioner-company prays for setting aside the action of the respondent Bank vide letter/email dated 27.6.2018, Annexure P.8, of classifying its account as Non Performing Asset (NPA).

2. A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. The petitioner is a company registered under the Companies Act, 1956. It is engaged in the business of manufacture and production of food products and food grains. It was incorporated on 3.8.1989. In September 2007, it applied to the respondent State Bank of India to avail cash credit facilities against its stock statement and book debt. Further, factory land and building measuring 11 bigha 4 biswa bearing Hadbast No.257, Opposite Gian Sagar Nursing Home, Village Rama Nagar, District Patiala was also given as collateral security by the petitioner to avail such credit facilities from the respondent-Bank.The respondent Bank on the basis of worth of stock in the stock statement and book credit sanctioned cash credit facilities to a limit of ' 4 crores.Since 2007, the res

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