ANIL R.DAVE, VILAS V.AFZULPURKAR
Bhanu Constructions Company Limited – Appellant
Versus
Recovery Officer, Debts Recovery Tribunal, Hyderabad – Respondent
(Per Anil R. Dave, C.J.)
As common questions of law and fact have fallen for consideration in these two writ petitions, at the request of the learned advocates, both the petitions were heard together and are decided by this common order. Facts of both the cases, in a nutshell, are as under:
W.P.No.27695 of 2007
2. Writ Petition NO.27695 of 2007 has been filed by M/s. Bhanu Constructions Company Ltd. seeking a direction to set aside the auction conducted on 13.12.2007 and 14.12.2007 by the Recovery Officer, Debts Recovery Tribunal, Hyderabad (respondent NO.1 herein) for sale of the properties mortgaged by it in favour of respondent Nos.2 and 3. The petitioner has also sought for a direction to transfer the proceedings of R.P.No.420 of 2001 in OANo.460 of 1999 pending on the file of the Debts Recovery Tribunal, Hyderabad to the Debts Recovery Tribunal, Visakhapatnam.
3. The petitioner is engaged in the business of construction. It availed certain loan facilities from Andhra Bank, Kothi, Hyderabad and State Bank of India, Secunderabad, respondent Nos.2 and 3 herein respectively. For the purpose of securing repayment of the loans, the petitioner and its guarantors had mortgaged ce
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