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2011 Supreme(MP) 686

AJIT SINGH, SANJAY YADAV
Seth Banshidhar Kedia Rice Mills Pvt. Ltd. – Appellant
Versus
State Bank of India – Respondent


JUDGMENT

Ajit Singh, J. In this petition an important question which calls for determination is whether the Debts Recovery Appellate Tribunal has power to condone the delay in filing of appeal before it under section 18 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short the SARFAESI Act

2. Petitioner No.1 is a Company registered under the provisions of the Companies Act. Petitioner Nos. 2, 3 and 5 have been the Directors of the Company from time to time. Petitioner No. 5 is alleged to have signed personal guarantee along with petitioner Nos. 2,3 and 4. Petitioner Nos. 2, 4 and 5 are said to have mortgaged their immovable properties in favour of respondent State Bank of India which provided financial assistance to petitioner No. 1 for establishing an automatic rice milling plant. The respondent Bank initiated recovery proceedings against the petitioner under the provisions of the SARFAESI Act vide demand notice dated 5.5.2009. On receiving the demand notice the petitioners submitted a detailed representation on 8.7.2009 to the Bank which was decided vide order dated 16.7.2009 and demand was modified. On 17.7.2009, the






































































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