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2008 Supreme(AP) 778

V.V.S.RAO
A. Laxmipathi – Appellant
Versus
Andhra Pradesh State Financial Corporation Ltd. , Hyderabad – Respondent


Advocates:
ADVOCATE APPEARED:
V. Hari Haran, Counsel for the Petitioner in both the Casesel Partbasaratby, Counsel for the Respondents in both the Cases.

COMMON ORDER :- These two writ petitions can be disposed of by a common order as they came to be filed with a similar factual background and raise similar questions for consideration. In 1988 Andhra Pradesh State Financial Corporation Limited (SFC) sanctioned term loan and soft loan in a sum of Rs. 11,60,000/- to M/s. Nagaijuna Cable Industries Private Limited. Petitioners are sureties for the due payment of the loan. As there was default on the part of the borrower to pay the loan amount, in 1992 assets of the company were seized and sold in accordance with Section 29 of the State Financial Corporations Act, 1951 (the Act, for brevity). It is alleged that the sale-cum-recall notice under Section 29 of the Act was not issued to the petitioners. In August 2005 third respondent sent a communication dated 8.8.2005 to the second petitioner in W.P. No.26014 of 2005 informing that an amount of Rs.87.20 lakhs is due from the borrower. The petitioners were asked to pay the said amount failing which action under the Andhra Pradesh Revenue Recovery Act, 1864 (RR Act, for brevity) would be initiated against them. Aggrieved by the said notice letter these writ petitions are filed. The petition














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