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2007 Supreme(AP) 976

G.S.SINGHVI
M. K. Ramesh Kumar – Appellant
Versus
Asset Reconstruction Company (India) Limited, Rep. by its Manager – Respondent


Advocates Appeared:
Counsel for the petitioner: Shri C.V. Mohan Reddy,
Senior Advocate assisted by Shri P. Jagadish Chandra Prasad.
Counsel for respondent No.1:Shri S.R. Ashok, Senior Advocate, assisted by Shri P.Sriharsha Reddy.

ORDER:

Per G.S.SINGHVI, C.J.

Whether conveyance deed dated 11.6.1996 executed by the Government of Andhra Pradesh in favour of Smt. Krishna Balachander in respect of plot bearing No.240/A admeasuring 4622 square feet situated at Marredpalli, Secunderabad could be treated as an accession to mortgage executed by her in favour of the State Bank of India (for short 'the Bank') within the meaning of Section 70 of the Transfer of Property Act, 1882 (for short, 'the 1882 Act') and whether respondent No.1 - Asset Reconstruction Company (India) Ltd. with whom the Bank entered into Assignment Agreement dated 31.3.2005 and transferred all the loan incidents can recover its dues by disposing of the plot and the building constructed over it, are the questions which arise for determination in this petition filed under Article 226 of the Constitution of India by Shri M.K. Ramesh Kumar through his General Power of Attorney M. Kartikeyan for quashing order dated 30.4.2007 passed by the Debts Recovery Appellate Tribunal at Chennai (for short, 'the Appellate Tribunal') in SARFAESI - 105/2007 confirming order dated 13.2.2007 passed by the Debts Recovery Tribunal, Hyderabad (for short, 'the Tribunal')

































































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