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2020 Supreme(AP) 245

RAKESH KUMAR, D.RAMESH
Alla Sanyasi Rao, S/o Late Buchaiah – Appellant
Versus
Bank of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N. VIJAY
For the Respondent: T VIDYA RANI (SC FOR BOI) ,GP FOR REVENUE (AP), HARINARAYANA K, V V SATISH

ORDER:

D.Ramesh, J.

1. The brief facts in W.P.No.43526 of 2017 are as follows:

    The petitioners were partners among others of M/s. Lavanya Yamaha and they are dealers of Yamaha motorcycles besides running service centers at Ramnagar and Gopalapatnam. They obtained loan of rupees one crore and twenty five lakhs as working capital on 11.9.2003 from the Bank of India/first respondent and when they failed to repay the dues to the bank the loan amount declared as NPA on 30.4.2009 by following due procedure under SARFAESI Act 2002, following the notice issued by the bank on 26.11.2009. The petitioners were regularly paying loan amount to the respondent bank, however due to family problems and the business of the firm was not continued, subsequently notice under Section 13(2) was issued by the respondent bank and thereafter possession notices were also issued.

It is stated that the agricultural lands of the petitioners were given as security. The 2nd respondent issued auction notice on 26.2.2015, where under the properties of the petitioners given as security for the loan, were sought to be auctioned. That the mortgaged lands are contiguous and are treated to be agricultural lands in the reven

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