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2016 Supreme(UK) 596

V.K.BIST
Kunwar Singh – Appellant
Versus
District Magistrate, Nainital – Respondent


Advocates Appeared:
For the Petitioner: Mr. B.S. Adhikari
For the Respondent: Mrs. Seema Sah, Mr. S.K. Jain, Mr. Siddhartha Jain

JUDGMENT :

V.K. Bist, J.

Present petition has been filed by the petitioner for quashing the impugned order dated 30.08.2016 passed by the District Magistrate, Nainital/respondent no. 1 and the related proceeding under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

2. Briefly put, the case of the petitioner is that the petitioner is the proprietor of J.K. Trading Company. He took the loan from respondent no. 3 in the following manner:

Sl. No.

Nature of Facility

Sanctioned amount (Rs.)

1.

Case Credit

20.00 lacs

2.

Term Loan (FITL A/c)

1.60 lacs

3.

Term loan (House loan)

25.65 lacs

4.

Term loan (AAA)

9.35 lacs

Total

56.60 lacs

3. In the year 2014-15 petitioner met an accident and was hospitalized for a long time. Thereafter, some dispute arose between the petitioner and his wife and the petitioner had to pay Rs.12,50,000/- to his wife. Due to the personal problems of the petitioner, he could not concentrate on his business and could not pay the due installments in time











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