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2021 Supreme(AP) 350

JOYMALYA BAGCHI, K.SURESH REDDY
Almas Retails Stores Private Limited – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Rama Rao Kochiri, Advocate, Harinath N, Advocate

JUDGMENT

Joymalya Bagchi, J. - Petitioner has approached this Court assailing the notices dated 05.06.2021 and 20.07.2021 issued by 3rd respondent under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the SARFAESI Act').

2. Petitioner had availed two loans of Rs.1,42,50,000/- under loan Account No.HLLAVJW00293076 and Rs.1,22,50,000/- under loan Account No.HLLAVJW00293085 vide loan agreements dated 24.09.2016 against collateral security mortgaged by one Smt.Noorjahan Begum and Sri P.V.Krishna Kumar, one of the directors of the petitioner's company respectively. The accounts of the petitioner became Non-Performing Assets (NPA) and accordingly impugned notices dated 05.06.2021 and 20.07.2021 came to be issued by the 3rd respondent financial institution.

3. Learned counsel appearing for the petitioner submits that by letter dated 20.03.2021, a prayer was made to the 3rd respondent to delink the aforesaid accounts from other accounts and permit the petitioner to clear off the outstanding loans within 90 days. By letter dated 30.06.2021, the 3rd respondent agreed to the proposal to delink the secured asse

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