Sant Parkash,J. - (1.) The present writ petition has been preferred under Article 226/227 of the Constitution of India praying for issuance of a writ in the nature of certiorari for setting aside order dated 24.07.2019 (Annexure P-14) and order dated 02.03.2020 (Annexure P-16) passed by respondent Nos.1 and 2, vide which petitioners have been proceeded ex- parte and recovery certificate issued. Further prayer is to issue a writ in the nature of mandamus, directing respondent No.1 to allow the petitioners to join the proceedings; allow them to file written statement and contest Original Application No.3000/2018 filed by respondent No.3 under Section 19 of the Recovery of Debts & Bankruptcy Act, 1993 (for short, "1993 Act"); as also to stay further proceedings emanating out of impugned order dated 02.03.2020.
(2.) Petitioner No.1 is a private limited company incorporated under the provisions of the Companies Act, 1956 and running the business of spinning, having registered office at Village Arrincha, Post Offfice Doraha, Tehsil Payal, District Ludhiana. Petitioner Nos.2 to 5 are close relatives and reside in Village Arrincha, Post Offfice Doraha, Tehsil Payal, District Ludhiana except petitioner No.3 Sanjay Mittal, who resides in House No.510-11 B, Aggar Nagar, Ludhiana. Petitioner No.2 Pawan Kumar, is one of the Directors of M/s Kaur Sain Spinners Limited. Petitioner No.3 Sanjay Mittal, is the son of late Rajinder Kumar (defendant No.3 in OA No.3000/2018 before the Debts Recovery Tribunal-III, Chandigarh). Petitioner No.4 Urmila Rani, is widow of late Rajinder Kumar and petitioner No.5 Suman Rani is wife of petitioner No.2 (Pawan Kumar).
(3.) Succinctly, petitioners set up a Spinning Mill at Ludhiana and approached respondent No.3 Central Bank of India, for availing credit facilities, which were granted, renewed and enhanced from time to time. On 29.12.2017, respondent No.3 declared the loan account of petitioners as Non Performing Asset (NPA) on account of defaults in repayment of loan.;