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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
M/S. HILLTOP SPICES & EXPORTS – Appellant
Versus
BOARD OF DIRECTORS OF RBL BANK LTD – Respondent
| Table of Content |
|---|
| 1. msme protection under sarfaesi act (Para 1 , 2 , 3) |
| 2. temporary stay on proceedings (Para 4 , 5 , 6) |
| 3. bank's obligations under msmed act (Para 7 , 8) |
| 4. lack of evidence for msme status (Para 9) |
| 5. statutory remedies under sarfaesi act (Para 10 , 11) |
JUDGMENT
(Dated this the 27th day of February 2026)
The averments in the Writ Petition are as follows:- The 1st petitioner is a Micro, Small & Medium Enterprise engaged in manufacture of food products and Ext.P1 is the UDYAM certificate issued by the Ministry of Micro, Small & Medium Enterprises (MSME), Government of India. According to the petitioners, the 1st petitioner, being an MSME, is entitled to the protection of the notification No.S.O.1432 (E) dated 29.5.2015, which mandates that banks and financial institutions shall identify incipient stress in the account of MSMEs and to make effort towards resolution of stress by classifying as SMA - 0 before there is default in the account.
2. The respondent Banks classified the account of the petitioners as NPA and invoked SARFAESI Act without following the mandatory procedure prescribed as per Ext.Nos.P2 and P3, without ascertaining the possibility of revival of the MSME E
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