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2021 Supreme(P&H) 1090

JASWANT SINGH, SANT PARKASH
Satpal Enterprises, Pali Ballabhgarh, Faridabad – Appellant
Versus
Punjab National Bank – Respondent


Advocates Appeared:
S.K. Panwar, Advocate, Gaurav Goel, Advocate

JUDGMENT

Sant Parkash, J. - The instant writ petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for setting aside the impugned order dated 01.04.2021 (P-5) passed by the District Magistrate, Faridabad, whereby receiver was appointed to take physical possession of secured assets/mortgaged property in the name of petitioner No.2.

2. Succinctly, the petitioner-firm had taken a term loan of Rs. 30 lakhs and also availed a cash credit limit of Rs. 10 lakhs from the respondent-Bank in the month of April, 2017 against immovable property owned and possessed by petitioner No.2 bearing Khata No.50/47, Mustkel No.175, Killa No.23(8-0), 24 (8-0), Mustkel No.187, Killa No.3/2(5-0), 4/1 (7-7), 4/2(0-13) situated at Palli Ballabgarh Road, Faridabad. The petitioner-firm was regularly paying the installments of the loan amount upto 30.06.2019. Thereafter, due to default of the petitioners in payment of installments of the above-said loan amount, respondent-Bank declared the loan accounts of the petitioner-firm as Non-Performing Asset (NPA). The respondent-Bank issued notice dated 06.07.2019 under Section 13(2) of the SARFAESI

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