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2022 Supreme(All) 680

Ramom Motion Auto Corp. Pvt. Ltd. – Appellant
Versus
Debt Recovery Appellate Tribunal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Abhishek Khare, Pritish Kumar.
For the Respondent: Prashant Kumar Srivastava.

JUDGMENT :

SUBHASH VIDYARTHI J.

1. Heard Sri Sudeep Kumar, Advocate alongwith Sri Abhishek Khare, Advocate, the learned Counsel for the petitioners and Sri Prashant Kumar Srivastava, Advocate, the learned counsel for the respondent No. 3 and 4.

2. Briefly stated, the facts of the case are that the petitioners had taken a financial assistance from the Indian Overseas Bank, Main Branch, Lucknow (respondent No. 3). The respondent No. 3 has initiated proceedings for recovery of the aforesaid amount under provisions of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (herein after referred to as “SARFAESI Act”), against which the petitioners had filed Securitisation Application No. 113 of 2017 before the Debts Recovery Tribunal, Lucknow (herein after referred to as “DRT”) in which the DRT had granted an interim protection to the petitioners, Thereafter the respondent Bank had withdrawn the action initiated against the petitioners. The respondent-Bank again initiated proceedings for recovery of certain amount by issuing the notice dated 05.03.2018 under Section 13(2) of the SARFAESI Act to the petitioners. The petitioners submitted a r

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