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2020 Supreme(Telangana) 747

A.RAJASEKHAR REDDY, T.VINOD KUMAR
Dhanya and Co. – Appellant
Versus
Andhra Bank – Respondent


Advocates:
Advocate Appeared:
For the Appellant :T. Vijaya Kumar, Advocate
For the Respondent:V. Dyumani, Advocate

ORDER :

T. Vinod Kumar, J.

1. This writ petition is filed seeking Writ of Mandamus by setting aside the measures initiated under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "SARFAESI Act" or Act), vide Demand Notice dated 01.2109 and consequential Possession Notice dated 14.01.2020 without following any procedure laid down in the Act and declaring the account as Non Performing Asset (NPA) against RBI guidelines as highly illegal, arbitrary, contrary to the rules and against the procedure laid down in that regard by the respondent bank in respect of (1) residential flat number 112, door number 12 - 459/2, E Block with a carpet area of 1536.00 Sq.Ft, ground floor, Vajra residency with the Nandivada share of 32 Sq.yd situated at survey number 117/1, 117/2, 117 and 117/A, Tadepalli Grampanchayat, Mangalagiri, Guntur District.

2. Heard Sri T. Vijay Kumar, learned Counsel appearing on behalf of the petitioner and Smt. V. Dyumani, learned Standing Counsel appearing on behalf of the respondent bank, through videoconferencing and with the consent of both the learned counsel, the matter is taken up for hearing

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