Unnati Inorganics Private Limited vs Union Of India Through The Secretary on 22 October, 2020
6.13 While distinguishing the judgments viz. (i) in the case of M/s.
Pooja Selection vs. Canara Bank rendered in Special Civil Application
No.13122 of 2018; (ii) in the case of Shree Kankeshwari Agro Pvt. Ltd.
vs. Authorised Officer, Cosmos Co-operative Bank Ltd. rendered in
Special Civil Application No.14114 of 2017; (iii) in the case of Kamal M.
Morarka vs. Central Bank of India & Ors. rendered in Special Civil
Application No.11106 of 2018; and (iv) Unnati Inorganics Private
Limited vs. Canara Bank, rendered in Special Civil Application
No.10907 of 2019, cited by learned advocate for the respondent bank, it
is contended that in all the orders of this Court, the grievance was of
Page 25 of 45
Downloaded on : Fri Oct 23 04:31:52 IST 2020
C/SCA/10779/2020 CAV JUDGMENT
infraction of the proceedings under section 13 of the SARFAESI Act, so
is not the position, in the present case. In the present case, the
challenge is to the action of the respondent Bank on the anvil of Article
14, involving the facets of reasonableness and fairness.