The lst Applicant is a Poultry farm and availed Agriculture Term Loan (ATL) of Rs.79.95 lakhs from the Respondent for establishment of Broiler Farm against the hypothecation of live stocks and the 2"d Applicant created mortgage against the schedule properties to secure the said loan. The Respondent Bank committed serious irregularity in not submitting the subsidy proposals to NABARD within the prescribed period of 30 days from the date of sanction of the ATL which resulted in lapse of subsidy. Thereafter, the Respondent bank issued demand notice dt.dt.03. ll.2o2o without disclosing anything about the subsidy. Thereafter, the 1"t Applicant continued to pay the amounts. But without considering the same and without furnishing Statement of Account, the Respondent Bank issued possession notice dt.o1.lo.2o21 without following the procedure. Challenging the said notice, the Applicants filed SA ll2l21 and the said SA was disposed off as the Respondent Bank withdrawn the said possession notice dt.01 .1O.2021. White things stood thus, the Respondent again issued fresh Demand notice dt.1 1 .O5.2022 and possession notice dt.19. lO.2022 by suppressing the pendency of SA ll2l21. Thereafter, the Bank initiated proceedings u/s 14 of the SARFAESI Act, 2OO2 for taking physical possession of the schedule property through advocate commissioner pursuant to the orders of Ld.CJM, Janagaon in Cr1.M.P.No.97 123 and subsequently, f the present SA , filed Crl.M.P.No.44l25 before the Ld.CJM, proceedings are not legal and valid" Hence ,r,,.##ff"N"id o o rpn 2026 :)l ii;
