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2018 Supreme(AP) 93

SANJAY KUMAR, P.KESHAVA RAO
Dommati Prashanthi – Appellant
Versus
Indian Bank, Warangal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri Ghanshyamdas Mandhani
For the Respondents: Sri Ambadipudi Satyanarayana, Sri M. Ravinder Babu

ORDER :

Sanjay Kumar, J.

The petitioner is aggrieved by the order dated 21.07.2014 passed by the Debts Recovery Appellate Tribunal, Kolkata (hereinafter 'the Appellate Tribunal'), dismissing her Appeal No.287 of 2013 filed under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity, 'the SARFAESI Act'). She seeks a writ of certiorari to quash the same and to consequently direct the Indian Bank (hereinafter 'the bank') to drop all further proceedings initiated by it under Section 13(4) of the SARFAESI Act.

2. The aforestated appeal was filed by the petitioner assailing the order dated 15.07.2013 passed by the Debts Recovery Tribunal, Hyderabad (hereinafter 'the Tribunal), in S.A.No.129 of 2008. This securitisation application was filed by the petitioner under Section 17 of the SARFAESI Act to set aside the sale of the house property bearing Municipal No.11-24-256, Desaipet Road, Pochamma Maidan, Warangal, by the bank in exercise of powers under the SARFAESI Act. The SA was dismissed by the Tribunal.

3. The petitioners mother, Jannu Mariyamma, the third respondent herein, had mortgaged the subject house propert








































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