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2016 Supreme(AP) 561

P.V.SANJAY KUMAR, B.SIVA SANKARA RAO
Chief Manager/Auth. Officer, Bank of India – Appellant
Versus
Debts Recovery Tribunal, Hyderabad – Respondent


Advocates Appeared:
For the Appellant : Vidya Rani.
For the Respondent: Narayana Reddy.

ORDER :

1. The Bank of India, Mehidipatnam Branch represented by its Chief Manager maintained the writ petition against the five respondents including the Debts Recovery Tribunal, Hyderabad (for short 'DRTH'), M/s. Pratap Poultry Farm, a partnership firm represented by its partners viz., L.V. Pratap Reddy and L. Santha and the Union of India represented by its Secretary, Banking Division, New Delhi. The prayer in the writ petition is to call for the records pertaining to the order (notice) reference F. No. 31/1/2000-DRT (H), dated 29.05.2015 issued by the 1st respondent and to quash the same as illegal, arbitrary and unconstitutional and consequently to declare the orders dated 09.11.2015 are not in force so as to permit the petitioner-creditor Bank to go for public e-auction of the security interest/secured assets and pass such other just orders. The affidavit filed in support of the writ petition of the Chief Manager of the petitioner-Bank supra reads that the 2nd respondent-firm represented by its partners/respondent Nos. 3 and 4 availed financial assistance and created equitable mortgage by deposit of title deeds pertaining to the landed property with poultry sheds and with buil

















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