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2022 Supreme(AP) 112

AHSANUDDIN AMANULLAH, B. S. BHANUMATHI
Mangalagiri Textile Mills Private Limited, Rep. by its Chairman, Dr. Goli Nagasaina Rao – Appellant
Versus
State Bank of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. T. Lakshmi Narayana, Advocate
For the Respondent:Mr. Satyanarayana Moorthy, Advocate

JUDGMENT :

Ahsanuddin Amanullah, J.

Heard Mr. T. Lakshmi Narayana, learned counsel for the petitioners and Mr. Satyanarayana Moorthy, learned counsel for the respondents – State Bank of India (hereinafter referred to as the 'SBI').

2. By the instant writ petition, the petitioners assail the action(s) taken by the SBI under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the 'Act') alleging violation of the procedure prescribed therein as well as nonconformity with The Security Interest (Enforcement) Rules, 2002 (hereinafter referred to as the 'Rules').

3. The factual matrix may first be adverted to. The petitioners obtained loan from the SBI. The account having become a Non-Performing Asset (hereinafter referred to as 'NPA'), the petitioners applied for One-Time Settlement (hereinafter referred to as 'OTS'), whereunder the total amount to be paid was Rs.10,36,25,840.82. The application money of Rs.52,00,000/- was paid and SBI also issued sanction letter dated 23.11.2020. Though as per the terms of OTS, the first instalment to be paid was Rs.1.04 crores by 23.12.2020, the petitioners paid only Rs.32,00,

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