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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DHIRAJ SINGH THAKUR, CJ, RAVI CHEEMALAPATI
K. Nagaraj, S/o K.Subbappa – Appellant
Versus
Andhra Pradesh State Financial Corporation Ltd. – Respondent
JUDGMENT :
Ravi Cheemalapati, J.
Challenging the order dated 05.03.2025 passed by a learned single Judge in Writ Petition vide W.P.No.20447 of 2019, the writ petitioner preferred this intra court appeal under clause 15 of Letters Patent.
2. Through the impugned orders, the writ petition filed challenging the notice for attachment (Form No.5) dated 28.11.2019 attaching his property and also the notices dated 05.11.2019 and 06.05.2019 issued by the Andhra Pradesh State Financial Corporation (for short, ‘APSFC’), was dismissed.
3. The contents of the writ petition, in brief, are that the petitioner availed top-up loan from APSFC vide two loan accounts by creating equitable mortgage over his property for due discharge of the said loans by executing a registered mortgage deed in favour of the APSFC. That wife of the petitioner also had availed loan of Rs.30,00,000/- from the APSFC, for which the petitioner stood as guarantor, however he did not keep his property as collateral security for the said loan and one Gundra Srinivasulu Reddy had kept his property as collateral security by executing a registered mortgage deed in favour of the APSFC. That the petitioner had cleared both the loan acc
The petitioner is liable for his wife's loan as per the Guarantee Agreement and cannot contest the attachment of his property, which is valid under the law.
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