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2016 Supreme(AP) 343

SANJAY KUMAR, B.SIVA SANKARA RAO
R. Vimala – Appellant
Versus
State Bank of India, Rep. by its Authorized Officer – Respondent


Advocates Appeared:
For the Appellant : Sri. J.U.M.V Prasad,
For the Respondent: Sri. M. Srikanth Reddy, Ms. T. Suneetha

ORDER :

B. SIVA SANKARA RAO, J.

The writ petitioner is seeking a Writ of Mandamus to declare the impugned E-auction sale dated 14.03.2016, covered by E-auction sale notice dated 10.02.2016, that was published in Eenadu Telugu Daily News Paper dated 13.02.2016, claiming the same even in pursuance of unserved demand and possession notices respectively dated 20.05.2015 and 05.10.2015 as null and vold; on the grounds that the said E-auction sale was held contrary to the mandate of the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short SARFAESI Act). The writ petition is maintained against the State Bank of India, the secured creditor of Kurnool Branch, represented by its Authorized Officer as sole respondent originally and later as per orders in W.P.M.P No. 15879 of 2016 dated 20.04.2016, the auction purchaser is impleaded as 2nd respondent.

2-a. It is the factual matrix in nutshell that, the writ petitioner having availed house loan of Rs. 16,88,000/- on 01.10.2008, for purchase of built up area of 1250 Sq.ft, with common area along with undivisible 1/15th share equal to 26 Sq.yards out of 390 Sq.yards site al













































































































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