RAJESH SUKAMARAN NAMBIAR Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) By way of the present petition, petitioners are invoking the issuance of writ against the impugned notice issued by the respondent-Bank under the provisions of Sec. 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the SARFAESI Act, 2002') dtd. 16/7/2021, by virtue of which the respondent-Bank has demanded a sum of Rs.33,96,571.00 to the directors of the company/ guarantor of Pentacool Soft Drinks Private Limited (hereinafter referred to as 'the Company' for short) registered under the provisions of the Companies Act, 2013. The said notice mentions the present petitioner in the capacity of guarantor. It is the case of the petitioners i.e. petitioner no.1 Rajeshkumar Sukumaran Nambiar was one of the founder directors of the company, which came to be incorporated on 1/4/2011. In all there were two directors including the present petitioner no.1.

(2.) It appears that the company had availed the financial facility from the respondent-Bank, against which the residential property mentioned in the Schedule-III in the impugned notice dtd. 16/7/2021 came to be mortgaged. It is further stated that alongwith the property of the petitioner No.1, the other director had also mortgaged immovable property as a security and that the petitioner no.2 stood as guarantor of the petitioner no.1.

(3.) It is stated that one more Director came to be added / appointed in the company viz., Aparna Mangal Bariwal and necessary resolutions / changes came to be passed in this regard.