SREENIVAS HARISH KUMAR, S.RACHAIAH
Talampally Venture Pvt. Ltd. – Appellant
Versus
Anant Kumar Sakhare S/o. Rama Rao Sakhre – Respondent
JUDGMENT :
The order dated 15.11.2021 in writ petition No.201415/2021 has given rise to these two writ appeals which have been disposed of by a common judgment.
2. The first respondent in the appeals was the writ petitioner. For the sake of convenience the writ petitioner is referred to as the borrower, the appellant in W.A.No.200178/2021, as auction purchaser and the appellant in W.A.No.200194/2021, as bank.
3. The default committed by the borrower in repaying the loan that he had obtained from the bank resulted in collateral security created in land bearing Sy.No.77 measuring 17 acres 39 guntas situated at the village Malagatti, Taluk Aurad, District Kalaburagi ('property' for short) being brought to auction by the bank under Section 13(4) of The Securitization And Reconstruction of Financial Assets And Enforcement Of Security Interest Act, 2002 (‘SARFAESI ACT’ for short). The borrower filed the writ petition seeking a writ of certiorari to quash the sale notice dated 03.06.2021 published in the news paper on 11.06.2021 as per Annexure-H and e-mail communication dated 23.07.2021 issued by the bank as per Annexure-L. He also sought a writ of mandamus to the bank to consider his repre
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