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2018 Supreme(AP) 333

SANJAY KUMAR, T.AMARNATH GOUD
City Union Bank Limited – Appellant
Versus
Sub Registrar – Respondent


Advocates Appeared:
For the Petitioner: Sri Ambadipudi Satyanarayana.

ORDER :

T. AMARNATH GOUD, J.

1. Since both the writ petitions raise common question of law, they are being disposed of by this common order.

W.P.No.1084 of 2017:

2. M/s. Sri Maha Lakshmi Mobile Agencies, Karimnagar, the fourth respondent herein, availed a loan of Rs.7 lakhs on 10.07.2014 from the City Union Bank Limited, Karimnagar Branch, the petitioner herein. The Managing Partner of the fourth respondent firm created an equitable mortgage in favour of the secured creditor/Bank by depositing title deeds of his immovable property i.e., open plot admeasuring 90 square yards situated beside H.No.2-1-225, 2-1-226 & 2-1-227, Pragathinagar Sub Road, Peddapalli Village and Nagara Panchayat, Karimnagar District. As the fourth respondent failed to pay the scheduled loan instalments, the secured creditor/Bank invoked the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, the SARFAESI Act) after the loan account was treated as a Non-Performing Asset (NPA) and accordingly, the Bank issued demand notice dated 11.08.2015 and also possession notice dated 22.12.2015 under the provisions of the SARFAESI Act. Later, sale n




























































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