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2024 Supreme(P&H) 297

SURESHWAR THAKUR, LALIT BATRA
State Bank of India – Appellant
Versus
District Magistrate, Ludhiana – Respondent


Advocates Appeared:
For the Appearing Parties : Mr. Madhu Dalal , Mr. Maninder Singh Sr. DAG, Punjab , Mr. Harsh Chopra

JUDGMENT :

Mr. Sureshwar Thakur, J. :- Since both the writ petition(s) (supra), involve common questions of facts and law, thus, they are amenable to be decided through a common verdict.

2. Be that as it may, the facts of both the writ petition(s) (supra) are yet required to be separately delineated.

Facts of CWP-11641-2020

3. That respondent No. 3-company became granted various credit facilities, thus by the lending institution concerned, but against various secured assets. On account of non-adherence to financial discipline by respondent No. 3, thus the apposite debt was on 30.12.2014, hence classified as Non Performing Assets.

4. The petitioner Bank issued notice on 30.07.2016 under Section 13 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter called as the ‘SARFAESI Act’) thereby calling upon respondent No. 3 and its directors and guarantors to discharge in full its financial borrowings but within 60 days from the date of the notice (Annexure P-1A).

5. That respondent No. 3 filed theretos its objections under Section 13 (3A) of SARFAESI Act. The said objections were duly considered but became rejected by the pe

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