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2022 Supreme(AP) 158

C.PRAVEEN KUMAR, V.SUJATHA
City Union Bank Ltd – Appellant
Versus
State Of A. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S. SATYANARAYANA MOORTHY

ORDER :

C.Praveen Kumar, J.

1. The present Writ Petition came to be filed seeking issuance of a writ of Mandamus to declare the inaction on the part of the 2nd Respondent in not receiving and not registering the Sale Certificate issued by the Petitioner-Bank under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’) in respect of the property in dispute, as arbitrary, illegal and violative of principles of natural justice.

2. The averments in the affidavit filed in support of the Writ Petition show that, on 06.02.2015 and 22.08.2017, M/s. Sree Sarada Traders, represented by 5th Respondent availed a loan of Rs.3,75,00,000/-. The 5th Respondent being the owner of the property in Residential Building consisting of Ground, First and Second floors bearing New Door Nos.17/180 and 174/181 (Old D. No. 17/159 and 17/160) situated in Survey No.30/2B/1A1, Ward No. 17, Mundy Bazar, Kadapa, land to an extent of 2730 square feet or 303.33 square yards building constructed thereon to an extent of ground floor 2664.28 square feet, first floor 2664.28 square feet, second floor 317.21 square feet, [‘Property’], creat

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