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2022 Supreme(AP) 234

C. PRAVEEN KUMAR, V. SUJATHA
Kirlampudi Sugar Mills Limited – Appellant
Versus
Recovery Officer-II, DRT, Department of Finance Services and Two others – Respondent


Advocates Appeared:
For the Appellant : Sri Vedula Venkata Ramana, Ms. V. Uma Devi, Sri Ch. Siva Reddy.
For the Respondents: Sri N. Harinath, adv

ORDER :

C.PRAVEEN KUMAR, J.

1) As all these Writ Petitions are inter connected, they are heard and disposed of by this Common Order taking Writ Petition No. 3007 of 2019 as lead petition.

2) (i) The 3rd Respondent herein [Borrower] availed credit facilities from 2nd Respondent Bank and when the 3rd Respondent committed default in payment of loan amount, 2nd Respondent Bank approached the Debt Recovery Tribunal, Visakhapatnam, and filed O.A. No. 9 of 2006. On contest, the said O.A. was allowed and a decree came to be passed covering the subject immovable property, which is land admeasuring Acres 42.36 cents in Pitapuram Town, Pitapuram Municipal Limits, East Godavari District.

(ii) The 2nd Respondent Bank took steps for execution of the said decree before the 1st Respondent by filing R.P. No. 14 of 2009 under the provisions of Recovery of Debts Due To The Banks and Financial Institutions Act, 1993, [“RDDB Act”]. The subject land was put to auction on 14.06.2018.

The Petitioner, namely, Sri Siddhartha Infratech and Services (I) Private Limited, became the highest bidder and on the same day he deposited 25% of the bid amount, which was to the tune of Rs.7.00 crores. He made arrangement for

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