SUSAN MATHEW Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) EXT .P6 is a copy of O.A.No.47/2012 filed by the respondent bank before the Debt Recovery Tribunal, Ernakulam. That application was filed for realsing the amounts due from the petitioner towards the loan availed for a commercial purpose. In that proceedings, the petitioner has also filed Ext.P7 written statement.

(2.) IN the meanwhile, the bank also initiated SARFAESI proceedings as per Ext.P3 notice issued under Section 13(2) of the Act. To that notice, the petitioner filed Ext.P4 reply. Thereafter, bank issued Ext.P5 notice correcting the amount mentioned in Ext.P3. It appears that the bank proceeded further with the matter and made Ext.P9 application to the Chief Judicial Magistrate, Kollam as provided under Section 14 of the Act. On that application, an order was obtained.

(3.) CONTENTION raised by the petitioner is that there has not been any default on her part, justifying the action of the bank in classifying the bank as NPA and taking further action under the SARFAESI Act. On the other hand, bank says that the petitioner availed of a commercial loan for manufacturing purposes and the unit itself has been unauthorisedly sold.