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2023 Supreme(Telangana) 110

P. NAVEEN RAO, NAGESH BHEEMAPAKA
State Bank of India, Stressed Assets Management Branch-I, rep by its Assistant General Manager – Appellant
Versus
Deputy Commercial Tax Officer, Jogipet Unit, Office of Medak Circle, Nizamabad Division – Respondent


Advocates Appeared:
For the Petitioner: Sri E. Madan Mohan Rao.
For the Respondents: Sri Venkateshwar Rao.

ORDER :

(P. Naveen Rao, J.)

1. In W.P.No.42450 of 2018, petitioner-Bank is aggrieved by the orders passed by the Recovery Officer, Debts Recovery Tribunal in rejecting the application to direct the respondents to comply the provisions under Section 31-B of Recovery of Debts and Bankruptcy Act, 1993 (for short, ‘Act, 1993’) and to enforce the recovery order, which decision is affirmed by the Debts Recovery Tribunal. In W.P.No.41691 of 2018, petitioner-Bank is challenging the attachment order issued by the Deputy Commercial Tax Officer (1st respondent) attaching the secured asset.

2. The third respondent borrowed money from the petitioner bank and respondent Nos.4 to 8 stood as guarantors for the loan facilities availed by the third respondent. The loan facilities extended to third respondent were secured by way of mortgaging different properties including the property admeasuring 9,317 square yards with RCC building and sheds situated in Sy.No.15, Plot No.7-A, Gaddapotharam Village, Jinnaram Mandal, Sangareddy District Telangana State.

3. Holding that the third respondent failed to discharge the debt, the bank declared the loan account of the third respondent as non-performing asset

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