JUDGMENT :

Ravindra Maithani, J.

The challenge in this petition is made to an order dated 26.07.2023, passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“the SARFAESI Act”) by the respondent no.1, District Magistrate, Udham Singh Nagar with the related reliefs.

2. Heard learned counsel for the parties and perused the record.

3. It is the case of the petitioners that the petitioner no.1 the firm is a partnership firm and the petitioner no.2 is one of its partners. One of the partners of the petitioner no.1 the firm Mayank Agarwal has died on 10.08.2022. The firm had got sanctioned Cash Credit Limit facility with regard to the rice mill from the respondent no. 2, the Nainital Bank Ltd (“the Bank”). The petitioners were maintaining their accounts regularly, but the respondent no.2, the Bank in utter violation of the guidelines and directives of the Reserve Bank of India (“RBI”), regarding classification of Non Performing Assets (“NPA”) classified the loan account of the petitioners firm as NPA on 28.10.2022. The respondent no. 2 the Bank thereafter, proceeded under the provisions of the SARFAESI Act. It is t