Securitisation Appln. No. 2 of 2006. Case: Kaypan Vinijya Pvt. Ltd. and Ors. Vs UCO Bank. Mumbai Debt Recovery Tribunals

Case Number:Securitisation Appln. No. 2 of 2006
Party Name:Kaypan Vinijya Pvt. Ltd. and Ors. Vs UCO Bank
Counsel:For Appellant: Rajesh Nagori, Adv., i/b., Khaitan and Jaykar, Advs. and For Respondents: M.R. Patel, Adv.
Judges:K.J. Paratwar, Presiding Officer
Issue:Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Sections 13(2), 13(3A) and 13(4)
Citation:II (2006) BC 96
Judgement Date:February 08, 2006
Court:Mumbai Debt Recovery Tribunals
 
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Judgment:

K.J. Paratwar, Presiding Officer

  1. Being aggrieved by the respondent Bank's taking possession of Unit No. 2, Vardhman Complex, L.B.S. Marg, Vikroli (W), Mumbai 400083 belonging to applicant No. 3 in the name of M/s. Deepan Elastomer under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SRFAESI Act), this applicant (Appeal) is preferred.

  2. The applicant No. 1 is the respondent's constituent since from 2001 enjoying certain credit facilities including cash credit from the respondent. The applicant Nos. 2 and 3 are guarantors from amongst whom applicant No. 3 created equitable mortgage of the aforesaid property and thus the property is secured asset within the meaning of SRFAESI Act.

  3. The applicant's contention is that he applicant No. 1 was satisfactorily operating the cash credit account. But, it was shocked to receive the Bank's letter dated 26.5.2005 contending that the account has been termed unsatisfactory due to excess drawing as per the auditor's report dated 27.3.2005 and the account as such has been classified as Non Performing Asset (NPA). Vide said notice, the respondent called upon applicant No. 1 to clear within 7 days outstandings of Rs. 84,98,801.69 in the books of the Bank account as on 25.5.2005. The applicant No. 1 by letter dated 5.7.2005 clarified that the stock was more than one years old and also informed that most of the stock does not deteriorate in quality due to passage of time and that none of the stocks was unpaid. Yet, the Bank issued notice dated 17.8.2005 under Section 13(2) of SRFAESI Act and demanded the then outstandings of Rs. 88.05 lacs within 60 days. In letter dated 22.8.2005, the applicant No. 1 has stated that the Bank has classified the account as NPA on some minor technical grounds and that during the meeting between the parties to the application it was mentioned that the auditor had shown the account as NPA since it would have otherwise looked odd that from out of advance of Rs. 1800 crores no account was NPA. It was also stated that the matter will be reviewed and the NPA classification will be removed before 30.6.2005 whereupon the account which was temporarily suspended was allowed to be operated.

  4. At the instance of respondent, other audit for the period from January to July 2005 was conducted by M/s. Ashra and Co., Chartered Accountants who in report dated 13.7.2005 has stated that the account was already...

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