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2018 Supreme(AP) 712

RAMESH RANGANATHAN, K.VIJAYA LAKSHMI
V. Ashok Kumar – Appellant
Versus
Syndicate Bank, Hyderabad – Respondent


Advocates Appeared:
For the Petitioners:K.V. Simhadri, Advocate
For the Respondents:V.V. Ramana, Advocate

JUDGMENT :

Ramesh Ranganathan, J.

1. This writ petition is filed seeking a mandamus to declare the order passed by the Debt Recovery Tribunal in S.A.No.172 of 2011 dated 05.10.2016; the order passed in I.A.No.1451 of 2016 in S.A.No.172 of 2011 dated 22.06.2016 quashing the letter of the 1st respondent-Authorised Officer dated 08.06.2016 forfeiting 25% of the bid amount for the auction held on 04.07.2012; failure to deposit the balance 75% of the sale price in terms of the forfeiture notice dated 17.07.2012 by the 3rd respondent; and the further proceedings dated 24.08.2012 directing the 3rd respondent to deposit 75% of the balance sale consideration after four years without notice and hearing the petitioners and passing orders leading upto the dismissal of S.A.No.172 of 2011, as illegal, violative of principles of natural justice and as contrary to law.

2. The facts, to the limited extent necessary, are that the petitioners herein (brothers) guaranteed a loan, taken by M/s. Renown Industries Private Limited from the 2nd respondent-bank for manufacturing aluminium composite panels, to the extent of their property. The borrower-company had immovable properties of an extent of Ac.1.04 ce

















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