YASHWANT SINGH Vs. INDIAN BANK

JUDGEMENT

(1.) This intra court appeal impugns the judgment dated 23rd April, 2015 of the learned Single Judge of this Court of dismissal of W.P.(C) No.4021/2015 filed by the two appellants.

(2.) The writ petition from which this appeal arises was filed impugning inter alia the decision of the respondent No.1 Bank (respondent No.2 is the authorized officer of the said Bank) under Section 13(3A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) dismissing / rejecting the representation filed by the appellants against the notice under Section 13(2) of the SARFAESI Act. It was the contention of the appellants that the respondent Bank has taken recourse to the provisions of the SARFAESI Act, without "jurisdictional facts" obtaining in the matter. It was the argument of the counsel for the appellants before the learned Single Judge that the mechanism under Section 13 of the SARFAESI Act could not be triggered till such time as the loan account of the appellants with the respondent Bank was classified as a Non-Performing Asset (NPA) and which, in the facts and circumstances of the case it could not have been classified.

(3.) The learned Single Judge, giving detailed reasons and analysing the loan account of the appellants with the respondent Bank, has not accepted the contention that the classification by the respondent Bank of the said loan account as NPA was faulty. It has further been held that the said pleas could be taken before the Debts Recovery Tribunal (DRT) in a proceeding under Section 17 of the SARFAESI Act.