M.S.RAMACHANDRA RAO, K.LAKSHMAN
Vivek Sehgal – Appellant
Versus
J. M. Financial Asset Reconstruction Company Limited – Respondent
JUDGMENT
K. Lakshman, J. - This Writ Petition is filed by the petitioners seeking a Writ of Certiorari to call for the records pertaining to the order dt.27.08.2019 in I.A.No.2090 of 2019 in SAIR No.977 of 2019 of the Debts Recovery Tribunal-I, Hyderabad and to quash the same.
2. M/S.Sehgal Motors Private Limited, of which petitioner No.2 is Managing Director, availed credit facilities from the UCO Bank way back in the year 2003.
3. The account became a Non-Performing Asset in the year 2010 and the bank issued a demand notice dt.29.01.2011 under Section 13(2) of the Act.
4. It was followed by a possession notice dt.28.11.2011 under Section 13(4) of the Act.
5. An auction notice was issued on 04.02.2012 fixing the date of auction as 12.03.2012.
6. Challenging the auction notice, the borrower company alone filed S.A.No.134 of 2012. In the meantime, the debt was assigned by the UCO Bank in favour of the 1st respondent.
7. The main ground of challenge in S.A.No.134 of 2012 to the measures taken under Section 13(4) of the Act was that the property brought to sale was an agricultural land and that therefore there was a bar under Section 31(i) of the Act.
8. By a final order dt.12.07.2013,
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