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18.It is the further case of the respondent-bank in respect of the petitioner in W.P.No.5313 of 2010 that the credit facilities towards manufacture of hosiery garments and working capital limits were first permitted during the year 2002 and was last renewed on 23.07.2008 tenable till 22.07.2010. During the last renewal on 23.07.2008, the following limits were permitted:

Packing Credit : Rs.65 lacs Foreign Bills Discounting Limit : Rs.45 lacs On the other hand, the liabilities of the petitioner were, Packing Credit : Rs.88.70 lacs Foreign Bills Discounting Limit : Rs.111.67 lacs Current Account Temporary Overdraft: Rs.4.06 lacs.

Packing Credit : Rs.25 lacs Foreign Bills Discounting Limit : Rs.25 lacs On the other hand, the liabilities of the petitioner were, Packing Credit : Rs.49.71 lacs Foreign Bills Discounting Limit : Rs.60.08 lacs Current Account Temporary Overdraft: Rs.7.71 lacs.

It is specifically stated that overdue in the accounts started from 18.04.2008 whereas the limits were made available till 21.04.2009. The petitioner did not submit stock statement from July 2009 and the audited balance sheet as on 31.03.2009. The debt of the borrower had not produced any income for the secured creditor for more than 180 days and also there was default on the part of the borrower as provided under Section 13(2). In the given case, non- payment of dues availed is on credit facilities. In such situation, the petitioners shall fall within the definition of 'borrower' as defined under Section 2(f) of the Act and the credit facilities shall be considered to be overdues beyond the maximum period fixed in the R.B.I. guidelines.