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2022 Supreme(AP) 688

C. PRAVEEN KUMAR, TARLADA RAJASEKHAR RAO
Koneru Venu Madhav – Appellant
Versus
Kotak Mahindra Bank Private Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P S P SURESH KUMAR
For the Respondent: AMBADIPUDI SATYANARAYANA

ORDER :

C. PRAVEEN KUMAR, J.

1. The present Writ Petition came to be filed, seeking to declare the action of the respondent in issuing notice dated 28.12.2021 and trying to take physical possession of the property bearing Door No.40-25-11/15, present Door No.40-25-42, situated at Koneru Chenna Kesava Rao Street, Patamata Lanka, Vijayawada without following the procedure contemplated under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 [for short, “SARFAESI Act”] and Rules and without extending time for compliance of OTS Scheme issued on 21.02.2022 as illegal, improper and incorrect.

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

    a) The petitioners herein obtained two Agri Term Loans from the respondent bank in the year 2015 for the purpose of agricultural activities. In January, 2018 the respondent bank declared the loan accounts of the petitioners as Non- Performing Assets [NPA] and accordingly initiated proceedings under SARFAESI Act by issuing the notice under Section 13(2) of the Act on 22.01.2018, to the Guarantor. The notice was served on the two petitioners, but not on the Guarantor. On coming to know about initia

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