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2011 Supreme(AP) 106

GHULAM MOHAMMED, K.G.SHANKAR
Bank of India, represented by Chief Manager, Bank of India – Appellant
Versus
Debt Recovery Appellate Tribunal represented by Registrar, Chennai – Respondent


Advocates appeared:
For the Petitioner:S. Surya Prakasa Rao, Advocate.
For the Respondents:R1 - N. Narasimha Rao, Advocate.

Judgment

This writ petition is filed seeking writ of Certiorari to call for the records relating to I.A.No.1452 of 2010 in AIR (SA) 823 of 2010, dated 13-09-2010 on the file of Debt Recovery Appellate Tribunal, Chennai and to quash the same.

The 3rd respondent-company approached the petitioner-Bank, Khairatabad Branch, requesting for sanction of loan of Rs.250 crores for the purpose of implementation of three infrastructure projects at Gachibowli, Hyderabad. The petitioner-Bank sanctioned Term loan-I for Rs.25 crores, Term loan-II for Rs.50 crores and Term loan Rs.75 crores subject to terms and conditions mentioned in the sanction letter dated 4-2-2008. As per conditions of sanction of loan, 3rd respondent was to mortgage the project properties towards security for sanction of loan of Rs.150 crores. Since the project properties belonged to APIIC, 3rd respondent agreed to mortgage the properties after the APIIC executing sale deeds in favour of 3rd respondent, but the 3rd respondent failed to mortgage the properties in favour of petitioner-Bank. For project No.1, the sale deed had already been executed by APIIC and for remaining two projects, sale of land i.e., for project Nos.II a



























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