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2015 Supreme(All) 489

TARUN AGARWALA, AMAR SINGH CHAUHAN
RAKESH SHARMA – Appellant
Versus
CENTRAL BANK OF INDIA NAV YUG MARKET – Respondent


Advocates:
Counsel :
Ravindra Kumar Gaur for the Petitioner; S. Tiwari for the Respondent.

JUDGMENT

By the Court.—Against the possession notice dated 2.3.2015 issued under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the Act), the petitioner has filed the present writ petition.

2. The petitioner contends that he had taken a loan and committed a default as a result of which a notice under Section 13(2) was issued to which the petitioner responded and paid the defaulted amount in spite of which the respondent bank has issued the notice under Section 13(4) of the Act. Sri S.Tiwari, learned counsel for the respondent bank was directed to receive instructions who has informed that as on date there is no defaulted amount to be paid by the petitioner and that the entire defaulted amount has already been cleared by the petitioner. Section 13(2) of the Act provides that if a borrower makes a default in the repayment of the secured debt, the secured creditor can classified the debt of the borrower as a non performing asset. The secured creditor may require the borrower by notice in writing to discharge in full his liabilities. Non performing asset has been defined under Section


















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