CAPITAL ELECTRONICS AND APPLIANCES LTD Vs. RESERVE BANK OF INDIA
LAWS(CAL)-2021-1-28
HIGH COURT OF CALCUTTA
Decided on January 07,2021

Capital Electronics And Appliances Ltd Appellant
VERSUS
RESERVE BANK OF INDIA Respondents

JUDGEMENT

SABYASACHI BHATTACHARYYA,J. - (1.) The petitioner no. 1 is a non-government company registered under the Companies Act, 2013. Petitioner nos. 2, 3 and 4 are its directors. The cash credit facility given to the petitioner no.1-company was classified as Non-Performing Asset (NPA) on February 28, 2020. Subsequently, the respondent-bank issued notice to the petitioners under Section 13(2) of the SARFAESI Act, 2002 on August 17, 2020, apparently followed up by proceedings under Section 13(4) of the 2002 Act, as claimed by the respondent-bank.
(2.) The petitioners had applied for an One-Time Settlement (OTS).
(3.) Learned counsel for the petitioners alleges that the bank sat tight over the OTS proposal on one hand and proceeded under the 2002 Act by rendering the company accounts NPA on the other.;


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