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2021 Supreme(P&H) 914

JASWANT SINGH, HARINDER SINGH SIDHU
Hari Kewal Pvt. Limited – Appellant
Versus
Debts Recovery Appellate Tribunal – Respondent


Advocates Appeared:
Mr. Aalok Jagga, Advocate, for the Appellant; Mr. Anant Bir Sidhu, Advocate, for the Respondent

ORDER

Harinder Singh Sidhu & Jaswant Singh, J.

This application has been filed by the petitioners (defaulting borrowers) under Order 47 Rule 1 read with Section 151 CPC seeking review of the final order dated 13.01.2020 passed by this Court, to the extent that respondent No.3 - Bank be directed to refund Rs.2.40 crores deposited by the petitioner under interim orders of this Court during the pendency of the aforesaid writ petition.

2. The applicant - Petitioner Company was incorporated on 01.05.1982. It was to set up a solvent plant engaged in rice husking and to act as millers and wholesale sellers of rice and allied products and undertake various other activities. It availed a Cash Credit Limit of Rs.6 Crores from the respondent No.3-Bank on 31.03.2008 and also availed of a Term Loan of Rs.65 lakhs on 28.02.2009. On account of the default of the petitioner in keeping with the re-payment schedule, the account of the petitioner was declared as NPA on 31.07.2009. The Bank initiated action under the SARFAESI Act, 2002 (for short "the 2002 Act") and issued Demand Notice dated 01.09.2009 under Section 13 (2) of the 2002 Act claiming a total sum of Rs.7,64,76,821.68 as on that date. The re

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