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2022 Supreme(AP) 289

C.PRAVEEN KUMAR, V.SUJATHA
Nalluri Satyanarayana, S/o. Butchaiah – Appellant
Versus
Union Bank of India, Guntur Main Branch, Rep. by its Chief Manager & Authorized Officer – Respondent


Advocates Appeared:
For the Petitioners: Sri D. Krishna Murthy.
For the Respondents: Ms. V. Dyumani.

ORDER :

(C. Praveen Kumar, J.)

1.) These two Writ Petitions are filed by the Guarantor, as such they are disposed of by this Common order:-

2.) The facts, in issue, are as under:

    (i). The Second Respondent/borrower obtained loan from the First Respondent to an extent of Rs.95,00,000/- on cash credit facility. The Petitioner is said to have deposited original title deed with the Bank and also executed and registered a Memorandum of Deposit of Title Deeds vide Document No. 5890 of 2015 at the Office of Sub-Registrar, Guntur.

(ii). As the borrower failed to pay the amount despite repeated demands, the loan account of the borrower was declared as N.P.A Thereafter a notice under Section 13(2) is said to have been issued on 31.03.2021 to the borrower and guarantors incorporating the list of mortgaged properties and demanding the outstanding due amount of Rs.1,05,83,668.31 ps. As no representation was received to the notices issued, possession notice under Rule 8(1) was issued, intimating taking possession of the properties belonging to borrower and guarantors. This possession notice issued u

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