JUDGEMENT
VIPIN SINHA,J. -
(1.) Heard learned counsel for the parties. The present writ petition has been filed by
the petitioners praying for quashing of the
initial notice dated 30.05.2016 issued under
Section 13(2) of the Securitisation and
Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002
(hereinafter referred as 'the Act, 2002') and
have also sought quashing of the order dated
31.03.2016 by means of which the petitioners' account has been classified as NPA (Non
Performing Asset) and a further relief has also
been sought for quashing of the order dated
25.07.2016 by means of which objections filed by the petitioners under Section 13 (3A) of the
Act, 2002 has been rejected.
(2.) The contention of the learned counsel for the petitioners, at the very outset, is that the
accounts of the petitioners have been wrongly
classified as NPA and that the classification has
been done in violation of the guidelines of the
Reserve Bank of India.
(3.) Further contention is that on the relevant date on which the account of the petitioners
was classified as NPA as well as even on the
date the F.I.R. was lodged, there was sufficient
stock available as security towards the
financial aid provided by the bank and thus,
their account has been wrongly classified as
NPA and moreover the second notice under
Section 13(2) of the Act, 2002 is not
maintainable.;
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