G.V.SEETHAPATHY, G.S.SINGHVI
K. Bala Krishna – Appellant
Versus
Debts Recovery Tribunal, Hyderabad – Respondent
This is a petition for quashing order dated 07-10-2005. passed by Debts Recovery Tribunal, Hyderabad Bench (for short the Tribunal;) in SANo.14 of 2004 and also the sale conducted by State Bank of India (for short the Bank) for realization of its dues.
2. In the affidavit filed by him, the petitioner has averred that he purchased semi-finished flat No.307, Prameela Towers, Kakaguda, Secunderabad from M/s. Siri Constructions vide registered sale deed dated 25-09-2000. For the purpose of purchasing the flat, he applied to the Bank for sanction of a term loan of RS.6,00,000/-, which was duly sanctioned. It has been further averred that even though the terms of agreement entered with the builder postulated disbursement of loan by the Bank in instalments subject to the stage-wise completion of construction work, the Bank authorities released the entire loan amount ignoring the fact that the builder had not taken steps to complete the construction work. Still further, it has been averred that even though notice issued under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short the A
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