JUDGMENT

M.S. Ramachandra Rao, J. - These two Writ Petitions arise between the same parties in relation to the same transactions, and therefore, they are being disposed of by this common order.

The Background facts

2. M/s. R.S. Mills, a proprietory concern ( for short the borower) had availed a cash credit limit of Rs. 2.25 Crores and a term loan of Rs. 1.75 Crores totaling Rs. 4 Crores from the State Bank of India ( for short 'the Bank' ).

3. Since the borrower had defaulted in payment of the loan, on 28.06.2013 a notice under Section 13(2) of the SARFAESI Act, 2002 was issued by the Bank claiming Rs. 4,08,13,684.50 ps. allegedly due as on 26.06.2013 on which date the Bank claimed that the loan account has become NPA.

4. The borrower contends that after the receipt of the notice under Section 13(2) of the Act, between the period 29.06.2013 and 31.03.2016, he paid Rs. 3,17,81,400/- to the Bank but the Bank did not upgrade his account to a standard account category as per the RBI guidelines.

5. The Bank subsequently issued on 26.12.2014, a notice under Section 13 (4) of the Act to the borrower.

6. It also issued a sale notice on 23.06.2015 which was challenged by the borrower before the DR