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As per case facts, the Petitioner, an MSME unit, obtained credit from the Respondent bank. Financial difficulties during the COVID-19 pandemic led to the loan account being declared an NPA.
...The bank issued a demand notice and initiated SARFAESI proceedings. The Petitioner sought an injunction, arguing the bank failed to follow mandatory 2016 MSME guidelines for stress resolution before declaring NPA. The question arose whether the bank was obligated to adhere strictly to MSME guidelines, including forming a committee for corrective action, even if the MSME borrower did not explicitly invoke these benefits or object timely. Finally, the Court held that while the MSME guidelines have statutory force, there's a reciprocal duty on the MSME to be vigilant and actively claim benefits. The Petitioner failed to object or apply under the framework at crucial stages. Consequently, the bank was entitled to proceed. The existing injunction was modified, requiring the Petitioner to deposit the principal loan amount within four weeks for the injunction to continue, failing which it would be vacated.
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