THE HIGH COURT OF KARNATAKA
Lalitha Kanneganti, J
MR. JINU VARGHESE K.V., PROPRIETOR OF M/S. GENUINE AGRO SPICES – Appellant
Versus
BOARD OF DIRECTORS OF CANARA BANK THROUGH MANAGING DIRECTOR – Respondent
| Table of Content |
|---|
| 1. distinction of legal rights and obligations of msme borrowers. (Para 1 , 2) |
| 2. abuse of legal process through repetitive litigation. (Para 3 , 4) |
ORAL ORDER
The present writ petition is filed seeking the following reliefs:
"That in the facts and circumstances mentioned above it is most respectfully prayed that this Hon'ble Court may be pleased to:-
a) To declare that the Annex-C/notification dated 29- 05-2015, in unmistakable terms, declares that the MSME-borrower has no obligation to make an application for resolution of stress and, on the contrary, that banks and financial institutions are duty- bound to identify incipient stress based on the illustrative signs indicated in Annexure-I to the RBI Circular dated 17-03- 2016; /(Annex-D) and further, that in any case where the bank has failed to identify incipient stress, it is duty-bound to classify the account as SMA-1 if the default is more than 31 days and as SMA-2 if the default is more than 61 days, and thereafter shall constitute a Committee and make a reference to that Committee for resolution of stress; and further, that the Committee is empowered to permit recovery in terms of Para 5(3)(iv) if the resolution o
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