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2023 Supreme(UK) 687

RAVINDRA MAITHANI
Bansal Flour Mill – Appellant
Versus
District Magistrate, Udham Singh Nagar – Respondent


Advocates Appeared:
For the Petitioners: Mr. Atul Bansal.
For the Respondents:Mr. H.M. Raturi, Deputy Advocate General, Mr. Siddharth Jain.

JUDGMENT :

Ravindra Maithani, J.

The challenge in this petition is made to an order dated 15.07.2023, 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. According to the petitioners, the petitioner no.1 was a partnership firm, whose sole proprietor was Mayank Agarwal. The firm had got sanctioned Cash Credit Limit facility with regard to the flourmill from the respondent no.2, Bank of Baroda (“the Bank”). He has died. Thereafter, the firm has been represented by the petitioner nos. 2 and 3. The petitioner nos. 2 and 3 are shown guarantors of the loan taken by the petitioner no.1 the firm. It has been acknowledged as well by the respondent no.2 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 petition

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