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2019 Supreme(Online)(Guj) 2920

HIGH COURT OF GUJARAT
PUNJAB NATIONAL BANK – Appellant
Versus
M/S TELSTAR INDUSTRIES PVT. LTD. – Respondent


ORAL ORDER

1 In both these petitions, the petitioner bank has challenged the orders of the Debt Recovery Tribunal, so confirmed by the Debt Recovery Appellate Tribunal, Mumbai. In short, the challenge to these orders is on the ground that the Tribunal ought not to have allowed the Securitization Applications of the respondents on the ground that there is non compliance of provisions of Section 13(2) of the SARFAESI Act. For the purposes of deciding the question on the validity of the orders of the Tribunal viz-a-viz the question under Section 13(2), the facts of Special Civil Application No.

19918 of 2019 are considered.

2 The facts in a nutshell are that the respondent-company availed Cash Credit Facility and the Term Loan Facility from the petitioner bank. On the respondent committing default, the account of the borrower was classified as Non Performing Asset on 27.12.2014. On 29.12.2014, a notice under Section 13(2) of the SARFAESI Act was issued by the petitioner bank. Consequential actions under the SARFAESI Act resulted thereafter and a notice on 19.03.2015 to take physical possession was issued. An order under Section 14 was passed on 22.07.2019.

3 These proceedings were a subje

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