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2020 Supreme(Kar) 1662

P.S.DINESH KUMAR
U. M. Ramesh Rao – Appellant
Versus
Union Bank Of India (formerly Corporation Bank) – Respondent


Advocates Appeared:
S.K.V. Chalapathy, Advocate, V. Ramesh Babu, Advocate, Divya Purandar, Advocate

JUDGMENT

P.S. Dinesh Kumar, J. - Heard Shri. S.K.V. Chalapathi, learned Senior Advocate for the petitioners and Smt.Divya Purandar, learned Advocate for the respondent - Bank.

2. This petition is presented with a prayer inter alia to quash Sale notice dated 12.10.2020 (Annexure-S) issued by the Union Bank of India, fixing the date of auction as November 18, 2020 to sell the petition schedule properties to recover the money due from petitioners to the Bank.

3. Shri. Chalapathy's principal contention is, properties in question are 'agricultural lands' and therefore, as per Section 31(i) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act' for short) do not apply to petitioners' case.

4. Ms. Divya Purandar for the Bank submitted that in all three Coffee Estates have been mortgaged to the Bank. The Coffee Estate named 'Watekhan Estate' is jointly owned by the first petitioner and his brother Shri. S.Dinakar Rao. The other two, namely 'Yellikodige Estate' and 'Vijayadevan Estate' are owned by partnership firms of which the first petitioner and his brother Shri. S. Dinakar Rao are partners. The outstanding debt recover

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