ULUBERIA COKE OVEN PLANT AND ORS. Vs. CORPORATION BANK AND ORS.
LAWS(CAL)-2015-8-6
HIGH COURT OF CALCUTTA
Decided on August 03,2015

Uluberia Coke Oven Plant And Ors. Appellant
VERSUS
Corporation Bank And Ors. Respondents

JUDGEMENT

Shivakant Prasad, J. - (1.) THE instant revisional application arises from the portion of the impugned judgment and order dated March 13, 2014 (hereinafter referred to as 'the impugned order') passed by the Learned Presiding Officer, the Kolkata Debts Recovery Tribunal -I (hereinafter referred to as 'the said DRT') in S.A. No. 74 of 2013 (hereinafter referred to as 'the said SARFAESI application') insofar as the learned DRT has held that the land in question being the security interest in respect whereof the opposite parties have invoked the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the said SARFAESI Act') is not a land within the meaning of 'agricultural land' despite the subject land being shown in the records of the Land Revenue that the same is entirely an agricultural land.
(2.) THE petitioner No. 1 is a registered partnership firm of which the petitioner Nos. 2 and 3 are the partners. The petitioner No. 1 at all material time is engaged, inter alia, in the business of manufacturing of Cokes, which is an essential raw material for the purpose of manufacturing Pig Iron. The financial facilities have been provided by the opposite party No. 1 to the petitioner No. 1, the petitioner Nos. 2 & 3 and proforma respondent Nos. 3 to 6 stood guarantors and extended their respective guarantees to secure the said financial facilities.
(3.) IT is contended that due to business loss being suffered by the petitioner No. 1, it was in difficulty to make payment to the opposite party No. 1 in respect of its loan accounts.;


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