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2019 Supreme(All) 631

BHARATI SAPRU, VIVEK VARMA
Sushma Yadav – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
Vikram Yadav, Adv., P.K. Upadhyay, Adv., Sanjai Singh, Adv.

JUDGMENT :

VIVEK VARMA, J.

1. The present writ petition has been filed against the notice dated 23.12.2018 (Annexure No. 6), issued under Rule 8 (1) of Security Interest (Enforcement) Rules, 2002 (hereinafter referred as Rules, 2002) published in the news paper Rashtriya Sahara, and notice dated 31.08.2018 (Annexure No. 4) issued under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Act, 2002 (hereinafter referred as SARFAESI Act, 2002) read with Rules 8(1) of the Rules, 2002.

2. Briefly stated facts, as narrated in the writ petition, are that petitioner nos. 1 & 3 have taken a housing loan of Rs. 35 Lacs; Rs 18 Lacs as term loan and; Rs 33 Lacs against Cash Credit account from Bank of Maharashtra. Petitioner no. 2 along with one P.K. Yadav stood as guarantors. Petitioners No. 1 & 3 failed to adhere to the terms and conditions of loan and made defaults and accordingly the loan accounts were classified by the Bank as ‘non performing asset’ (NPA) on 9.1.2018 in accordance with the prescribed norms issued by the Reserve Bank of India.

3. Thereafter, the Bank-respondent issued a notice dated 19.2.2018 under Section 13(2) of the SARFAES

















































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