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2018 Supreme(AP) 265

SANJAY KUMAR, P.KESHAVA RAO
Porus Laboratory Private Limited – Appellant
Versus
Indian Bank, Asset Recovery Management Branch, Hyderabad – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri S.Ravi and Sri A.P.Suresh
For the Respondent: Sri Ambadipudi Satyanarayana

ORDER :

SANJAY KUMAR, J.

1. The Indian Bank, Asset Recovery Management Branch, Hyderabad, the first respondent (hereinafter, the bank), conducted auction sale of Acs.2.16 guntas in Survey No.452/A, Bibinagar Village and Mandal, Nalgonda District, on 21.08.2010, under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter, the SARFAESI Act). Pursuant thereto, sale certificate dated 05.10.2010 was issued by the bank in favour of the auction purchaser, the second respondent herein. The proceedings initiated by the bank under the SARFAESI Act and the resulting sale certificate were sought to be challenged by Porus Laboratories Private Limited, Hyderabad, the writ petitioner, before the jurisdictional Debts Recovery Tribunal (hereinafter, the Tribunal) at Hyderabad, in SAIR.No.126 of 2013, filed under Section 17(1) of the SARFAESI Act.

2. The claim of the petitioner company was that it had purchased Acs.2.21 guntas in Survey No.452/A of Bibinagar Village and Mandal, Nalgonda District, in an auction conducted by the Andhra Pradesh State Financial Corporation (APSFC) and the transaction was registered under sale






















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