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2023 Supreme(SC) 457

M. R. SHAH, C. T. RAVIKUMAR
G. Vikram Kumar – Appellant
Versus
State Bank of Hyderabad – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Venkateshwar Rao Anumolu, Adv. Mr. Sunny Kumar, Adv. Mr. Raushan Kumar, Adv. Mr. Tanmaya Agarwal, AOR
For the Respondent(s): Mr. Buddy A. Ranganadhan, Adv. Mr. Raunak Jain, Adv. Mr. A. V. Rangam, AOR M/s. Veritas Legis, AOR Mr. Ananga Bhattacharyya, Adv. Mrs. Devahuti Tamuli, Adv. Mr. Vatsal Anand, Adv.

JUDGMENT :

M. R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 08.09.2017 passed by the High Court of Judicature at Hyderabad for the State of Telangana and Andhra Pradesh passed in Writ Petition No.31098 of 2016 and the subsequent order dated 08.12.2017 passed in Review Petition No.45031 of 2017 in Writ Petition No.31098 of 2016, the appellant and the auction purchaser has preferred the present appeals.

2. The facts leading to the present appeals in nutshell are as under:

2.1 That the respondent no.3 herein – builder had taken loan from respondent no.2 – Bank for the development of the multi-storey housing project. That the respondent no.3 (hereinafter referred to as the borrower) was not able to repay the security interest to the Bank, the Bank initiated proceedings against the borrower under Section 13 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the SARFAESI Act, 2002). The Bank attached the properties of the borrower under Section 13(4) of the SARFAESI Act. Against the measures taken by the Bank under Section 13(4) of the SARFAESI Act, the borrowe


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