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2009 Supreme(AP) 812

L.NARASIMHA REDDY
Khaja Atheequllah – Appellant
Versus
Union Bank of India, Asset Recovery Branch, Warangal Rep. by its Authorised – Respondent


Advocates appeared:
For the petitioners:V. Jithender Rao, Advocate. For the Respondent:P.A.V. Bala Prasad, Advocate.

Judgment :

1. The petitioners are lessees, in respect of premises, bearing Nos.1-8-194 to 197, respectively, situated at Old Bus Stand, Hanamkonda, Warangal. Smt.K.Prabhavathi and K.Sreedevi are the owners of the said premises. The rents for the premises are in the range of Rs.4,000/-, per month. The petitioners are running different business establishments in the premises.

2. A Firm headed by Sri K.B.D.Prasad, the husband of Smt.K.Sreedevi, borrowed some amount from the respondent-Bank. As a security for repayment of the loan, the premises, referred to above, were mortgaged, together with certain other properties. The loan remained unpaid and default was committed. Therefore, the respondent initiated proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the Act’). The physical possession of the premises was taken, and they were sealed and locked. The assistance of the District Collector was taken for this purpose under Section 14 of the Act. The petitioners feel aggrieved by the action of the respondent. They contend that the respondent does not have the power, or jurisdiction, to evict them, or to sea









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