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2022 Supreme(SC) 1171

AJAY RASTOGI, C. T. RAVIKUMAR
Varimadugu Obi Reddy – Appellant
Versus
B. Sreenivasulu – Respondent


Advocates appeared:
For the Petitioner(s): Ms. Tatini Basu, AOR
For the Respondent(s): Mr. Krishna Dev Jagarlamudi, AOR Mr. Inderdeep Kaur Raina, Adv. Mr. N. Sai Kaushal, Adv. Mr. Sanjay Kapur, AOR Ms. Megha Karnwal, Adv. Mr. Arjun Bhatia, Adv. Ms. Akshata Joshi, Adv. Mr. Aastha Gumber, Adv. Mr. Lalit Rajput, Adv.

JUDGMENT :

Rastogi, J.

1. Leave granted.

2. The instant appeal has been preferred at the instance of the auction purchaser (appellant herein) assailing the impugned judgment and order dated 20th November, 2019 passed by the High Court for the State of Telangana at Hyderabad setting aside the e-auction sale held by the respondent Bank (secured creditor) under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter being referred to as the “SARFAESI Act, 2002”).

3. The relevant facts in brief to appreciate the controversy are that respondent nos.1­3 have availed three loan facilities vide Mortgage Loan of Rs.10 lakhs, Cash Credit Loan of Rs.8 lakhs and Car Loan of Rs.8 lakhs from the respondent Bank (secured creditor) after executing necessary security documents. Respondent No.4 herein stood as guarantor and created equitable mortgage over her immovable property as security for due repayment of the said loan amount.

4. After availing the above loan facilities, the respondent borrowers have committed defaul


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