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2023 Supreme(SC) 13

M. R. SHAH, M. M. SUNDRESH
K. Sreedhar – Appellant
Versus
Raus Constructions Pvt. Ltd. – Respondent


Advocates appeared:
For Parties Mr. Yelamanchili Shiva Santosh Kumar, Adv. Mr. Rudrajit Ghosh, Adv. Mr. Yatinder Chaudhary, Adv. Mr. Davinder Singh Khurana, Adv. Mr. Abhishek Sharma, Adv. Mr. Tarun Gupta, AOR Mr. Himanshu Munshi, AOR Mr. Krishna Kumar Singh, AOR

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 06.03.2020 passed by the High Court for the State of Telangana at Hyderabad in Writ Petition No.12081/2019 by which the High Court has allowed the said writ petition preferred by the debtor and has quashed and set aside the order passed by the Debts Recovery Tribunal – I (hereinafter referred to as “DRT-I”) in SA No.171/2016 as well as the Possession Notice dated 05.02.2016 and the Sale Notice dated 10.01.2017 issued by the Indian Bank (hereinafter referred to as “secured creditor”) and also the sale of Item No.8 property mentioned in the Sale Notice pursuant to the auction held, the auction purchaser as well as the secured creditor have preferred the present appeals.

2. The facts leading to the present appeals in nut-shell are as under:

2.1 That, the respondent No.1 herein – M/s. Raus Constructions Private Ltd. (hereinafter referred to as “Debtor”) availed financial assistance, credit facilities in the year 2012 from the Indian Bank i.e. the secured creditor. Due to defaults on the part of the borrowers in servicing the loan account, the same was classified as NPA. The secured cre

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