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2020 Supreme(AP) 757

RAKESH KUMAR, D.RAMESH
Sri Rama Enterprises – Appellant
Versus
State Bank of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.S.R. Anjaneyalu
For the Respondent: K.B. Ramanna Dora

JUDGMENT :

Rakesh Kumar, J.

1. The petitioners herein, whose loan accounts were declared as Non-Performing Assets (NPAs) long back in the year 2009 and thereafter under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the SARFAESI Act') demand notices were issued in the year 2009 itself, have succeeded in keeping the litigation alive till date, despite the fact that twice earlier they approached this Court invoking the writ jurisdiction and, on both occasions, they did not get favourable orders. This is the third attempt.

2. Petitioner No. 1 had obtained loan of Rs. 4,00,000/- vide Loan Account No. 30011043530, on 30.7.2005, from the respondent-bank and created mortgage by way of depositing title deeds and also personal guarantee of 2nd petitioner. Similarly, 2nd petitioner had obtained loan of Rs. 4,00,000/- vide Loan Account No. 30011041033, on 25.7.2005, and created mortgage by depositing title deeds and also secured personal guarantee of 1st petitioner. Since both the loan accounts remained irregular, in the year 2009, both accounts were declared NPAs, and demand notices were issued to both the pe

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