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2022 Supreme(Telangana) 699

P. NAVEEN RAO, J. SREENIVAS RAO
Navneeta Steels Private Limited – Appellant
Versus
State Bank of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P Pratap
For the Respondent: A Krishnam Raju

ORDER :

P.Naveen Rao, J.

Heard Sri P. Pratap, learned counsel for the petitioners.

2. 1st petitioner - M/s.Navneeta Steels Private Limited obtained cash credit from the 2nd respondent-bank. Holding that petitioners defaulted in repayment of the loan, the 2nd respondent classified the loan account of the petitioners as Non-Performing Asset and has taken recourse to the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the SARFAESI Act’) to recover the loan amount. In the process, 2nd respondent filed an application under Section 14 of the SARFAESI Act before the 3rd respondent-Collector & District Magistrate, Hyderabad District to take physical possession of the secured assets. On 03.09.2022 the District Magistrate passed orders directing the Tahasildar, Shaikpet Mandal to assist the Assistant General Manager and Authorised Officer of the respondent bank in taking over physical possession of the property and for conducting Panchanama. Challenging the same, this writ petition is filed.

3. The learned counsel for the petitioners submits that classification of the loan account of the petitioners’ as NPA is cle

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