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2019 Supreme(MP) 12

S.C.SHARMA, VIRENDER SINGH
Mayunk Industries – Appellant
Versus
Union Bank of India – Respondent


Advocates:
Advocate Appeared:
Dr. Harsh Pathak and Abhishek Tugnawat for petitioner; Anand Singh Bahrawat for respondents No.1 to 3; Lokesh Shah for respondent No.4.

ORDER

1. The petitioner before this Court has filed this present petition being aggrieved by judgment dated 27.4.2012 passed in Appeal No. R-164/11 by the Debts Recovery Appellate Tribunal, Allahabad.

2. The petitioner's contention is that the petitioner Firm M/s. Mayunk Industries is engaged in construction business and a work order was issued by M/s. Pratibha Industries Limited, Mumbai in favour of the petitioner Firm to carry out certain work. The petitioner based upon the work order given to the petitioner requested the Union Bank of India for grant of financial assistance and it was sanctioned vide letter dated 15.12.2007. The Bank has sanctioned cash credit limit of Rs. 50 Lacs.

3. Various agreements were executed between the parties and the Bank obtained collateral security by executing equitable mortgage of two storied house i.e. House No. A39, Chandra Nagar, A. B. Road, Indore (M.P.). The petitioner has further stated that interest was paid every quarterly. The petitioner has further stated that later on the respondent Bank classified the petitioner's account as "NPA" as the last entry in the statement of the account for the month of December 31st, 2008, January 31st, 2009


































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