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2021 Supreme(Telangana) 180

UJJAL BHUYAN, CHILLAKUR SUMALATHA
Sanjay Kumar Agarwal – Appellant
Versus
Punjab National Bank Bank Street, Koti, Hyderabad. Represented by its Branch Manager – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri Vedula Srinivas
For the Respondent: Ms. N.V.Subba Raju

ORDER :

(Per Hon’ble Sri Justice Ujjal Bhuyan) Heard learned counsel for the parties.

2. By filing this writ petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 24.11.2019 passed by the Recovery Officer-I, Debts Recovery Tribunal-I, Hyderabad, i.e. respondent No.2.

3. By the aforesaid order dated 24.11.2019, respondent No.2 dismissed the petition filed by the petitioner under Rule 61 of the II Schedule to the Income Tax Act, 1961, seeking stay of all proceedings pursuant to auction of the schedule property conducted on 05.09.2019 including confirmation of sale and sale certificate.

4. Pleaded case of the petitioner is that his father Bal Kishan Agarwal availed a housing loan of Rs.18,00,000-00 from respondent No.1-Punjab National Bank in the year 2011. For availing the said loan, the property bearing House No.1-2-593/17, Domalguda, Hyderabad, was mortgaged in favour of respondent No.1 (‘mortgaged property’ hereinafter). Petitioner also stood as guarantor for the said loan.

5. For various reasons there was default in repayment of the loan amount. As a result, respondent No.1 declared the loan account as Non-Performing Asset (NPA).

6. Thereafte

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