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2021 Supreme(Telangana) 355

UJJAL BHUYAN, C.SUMALATHA
Lala Sarai Steel Rolling Mills – Appellant
Versus
General Manager – Respondent


Advocates Appeared:
For the Petitioner: Gopala Rao Amancharla V

ORDER:

(Ujjal Bhuyan, J.)

1. Heard Mr.Gopala Rao Amancharla V, learned counsel for the petitioners and Mr.Namavarapu Rajeshwar Rao, learned Assistant Solicitor General of India for respondents 2 and 3.

2. Having regard to the subject matter of the writ petition and the order which we propose to pass, issuance of notice to respondent Nos.1, 4 and 5 is considered not necessary.

3. It is stated that petitioner No.1 is a Micro, Small and Medium Enterprise (MSME) and is covered under the provisions of the Micro Small and Medium Enterprises Development Act, 2006 (briefly ‘the MSME Act’ hereinafter). In connection with its commercial activities, it had availed a loan from respondent No.4 i.e., Indusind Bank Limited. However, it is stated that giving a complete gobye to the beneficial provisions of the MSME Act and in a highhanded manner, the loan account of the petitioners was classified as Non-Performing Asset (NPA). Thereafter, respondent No.5, being the Authorized Officer of respondent No.4, issued demand notice to the petitioner under 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (briefly ‘the SARFAESI Act’ hereinaf

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