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2025 Supreme(Online)(DRAT) 481

DEBT RECOVERY APPELLATE TRIBUNAL
MR. JUSTICE ANIL KUMAR SRIVASTAVA, CJ
Union Bank of India – Appellant
Versus
M/s Aditya Constructions – Respondent


Advocates:
For the Appellants/Petitioners: Ms. Usha Doshi, Mr. Nemani Srinivas
For the Respondents: Mr. Debasish Chakraborty

JUDGMENT : 4th August, 2025

THE APPELLATE TRIBUNAL :

Both the Appeals (Appeal No. 76 of 2023 and Appeal No. 40 of 2023) have arisen against a common judgment and order dated 30th January, 2023 passed by Learned DRT- II Hyderabad allowing the S.A. No. 185 of 2019 (M/s Aditya Constructions versus Union Bank of India and others). Hence, both the Appeals are being disposed of by a common judgment.

2. Appeal No. 76 of 2023 is preferred by the secured creditor i.e. Union Bank of India (formerly Andhra Bank) and Appeal No. 40 of 2023 is preferred by the auction purchaser against the impugned judgment.

3. As per pleadings of the parties, facts of the matter are that Respondent M/s Aditya Constructions represented through its partner Sri M. Ramesh Reddy availed the credit facilities to a tune of Rs.10.50 crores against hypothecation of all stocks and receivables as primary security and mortgage of immovable properties as described in the S.A. at schedule ‘A’ and ‘B’. There were irregularities in repayment. Accordingly, loan account was classified as NPA. Notice under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (here

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