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2017 Supreme(SC) 695

L.NAGESWARA RAO, NAVIN SINHA
SOUTHERN POWER DISTRIBUTION COMPANY OF TELENGANA LTD. THROUGH ITS CMD – Appellant
Versus
GOPAL AGARWAL – Respondent


Advocates Appeared:
For the Appellants :- Rakesh K. Sharma, Adv.
For the Respondents:- Y. Raja Gopala Rao, Adv.

JUDGMENT

L. Nageswara Rao, J.

The Writ Petition filed by Respondent No.1 challenging the action of the Appellants in not releasing the Low Tension (domestic) Power Supply was allowed by a Single Judge of the Andhra Pradesh High Court. The appeal filed by the Appellants was dismissed by the Division Bench. Challenging the legality and validity of the said judgment the Appellants have approached this Court by filing this appeal.

2. The City Union Bank Limited, the Second Respondent herein issued a tender/sale notice under SARFAESI Act, 2002 for sale of land, plant and machinery in Survey Nos.168/169 in Bollaram village, Medak district which belonged to M/s J.T. Alloys Private Limited. The property was brought to sale due to default in payment of the outstanding loan amount. It was stated in the tender/sale notice dated 22.02.2006 that the sale would be on "as is where is" condition. The First Respondent participated in the auction and was declared the highest bidder in respect of dry land measuring 0.36 hectares in Survey No.168, Bollaram village. A certificate of sale was issued by the authorised officer of the Respondent-Bank on 12.04.2006 and the delivery and possession of the proper





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