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2003 Supreme(SC) 986

S.N.VARIAVA, H.K.SEMA
ANIL K. SURANA – Appellant
Versus
STATE BANK OF HYDERABAD – Respondent


ORDER

1. This appeal is against the order dated 21-7-1997 by which the appellants have been held guilty of contempt and sentenced to two years' imprisonment and fine equal to the amount of loan remaining unpaid i.e.Rs 28,38,367.48. In default in payment of fine a further imprisonment of two years has been imposed.

2. Briefly stated the facts are as follows:

Appellant 1 had got sanctioned a loan in his favour from the respondent Bank. Appellant 2 stood surety for the loan. The 1st appellant borrowed amounts in pursuance of the loan facility. The 1st appellant committed defaults in repayment. Therefore, the respondent Bank seized the premises of the 1st appellant on 4-12-1995. A public notice for sale of the assets was 9 issued on 9-12-1995. The 1st appellant filed a writ petition challenging the action of seizure and sale. That writ petition was dismissed on 20-12-1995.

The LPA against that order was also dismissed on 22-1-1996. But while dismissing the LPA the following directions inter alia came to be issued:

"As we have indicated earlier, we would not have interfered in the instant proceeding but for the information that the Branch Manager concerned of the Bank has allegedly allowed










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