Applicant herein availed housing loan from the Respondent and various business loan facilities for the purpose of running business in the name and style of M/s AP Motors against the security of schedule properties along with other properties belonged to the Applicant and his family members. The Applicant business suffered loss and became defunct. Thereafter, the Respondent proceeded under the provisions of SARFAESI Act,2OO2 and challenging the said proceedings, the Applicant {iled SA 3ll123 and the said SA was allowed by this Honble Tribunal vide order dt.25.0L.2024. Thereafter the Bank issued fresh demand notice and possession notice without following the procedure contemplated under the provisions of SARFAESI Act, 2OO2 and Rules made thereunder. Thereafter, the Respondent proceeded u/s 14 of the SARFAESI Act, 2OO2 and took physical possession of Item Nos.1&2 of schedule properties through advocate commissioner pursuant to the orders in Crl.M.P.No.86/2025 on the lile of Ld.CJM, Khammam by suppressing the facts. The advocate commissioner issued vacate notice dt.14. LO.2025 by giving 1O days time for delivery of physical possession of schedule properties instead of mandatory period of 15 days as prescribed under law which is illegal and arbitrary and so, the said proceedings are not legal and valid. The Respondent Bank also issued Auction Sale Notice dt.ll.11.2025 for conducting auction of the schedule properties on 1 5.12.2025 in violation of Rule 8(7(0 of Security Interest (Enforcement) Rules,2OO2 without disclosing the pendency of .o.:":,.1,,!*,:o.Hence the SA.
