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2020 Supreme(AP) 236

RAKESH KUMAR, D.RAMESH
Garre Durgamba – Appellant
Versus
Recovery Officer – I – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ch Srinivasa Raju
For the Respondent: S.Raja Sekhar Kashyap

ORDER :

Rakesh Kumar, J.

The writ petitioner, aged about 82 years as mentioned in the writ petition, and the mother of the borrower, who has been arrayed as respondent no.3, has succeeded in preventing the respondent no.2-Bank from recovering the outstanding loan for about ten years, even though the account was declared NPA long back and thereafter, O.A.no.232 of 2011 was filed by the Bank before the Debt Recovery Tribunal, Visakhapatnam.

2. The petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India to call for the records in R.P.No.23 of 2016 in O.A.No.232 of 2011, on the file of the Debt Recovery Tribunal, Visakhapatnam, and declare that the orders, dated 27.8.2019, passed in I.A.No.5 of 2019 in R.P.No.23 of 2016 in O.A.No.232 of 2011 as illegal, against principles of natural justice and consequently, set aside all proceedings against the petitioner’s property, i.e., all that the land admeasuring 205.75 sq. yards and building in the premises bearing H.No.9-3-75/A, near Nehru Statue, Brahmin Street, Kothapeta, Vijayawada, (hereinafter referred to as the ‘schedule property’) including the auction proceedings, dated 30.08.2019.

3. In th

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