191090005582023_c7357667acb2e557406da1bdbb3eece8.pdf

Reportable/Non-Reportable
       Appeals No. 122 & 149 of 2023-DRAT-Kolkata
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
                         Appeal No. 122 of 2023
   (Arising out of S.A. 212 of 2023 in DRT, Visakhapatnam)
 
HON’BLEMR.  JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
Union Bank of India (erstwhile Andhra Bank), Gajuwaka, Visakhapatnam. 
Represented through the Authorized Officer
                  …Appellant
-Versus-
1. 
Sri Sudulangunta Rama Rao, Son of Kesavulu, 31-3-3/1, Ashok Nagar, 
Kurmannapalem, Vishakhapatnam;
2.
Sri Sudulangunta Kishore, Son of Rama Rao, 31-3-3/1, Ashok Nagar,
Kurmannapalem, Vishakhapatnam;
       
3.
Shri Dukkala Lakshmana Rao, Son of Mallaya, 18-27-14, R.H. Colony, 
Balacheruvu, Pedagantyada, Vishakhapatnam.
             …  Respondents
Counsel for the Appellant
 …  
Mr. Dipanjan Datta
Counsel for Respondents
…   
Mr. A.K. Dhandhania, Senior Advocate
Ms. Jayati Chowdhury
Ms. Sweta Mishra
Ms. Priya Malakar
Mr. J. Vinay Kumar
     With
  Appeal No. 149 of 2023
     (Arising out of S.A. 212 of 2023 in DRT, Visakhapatnam)
Shri Dukkala Lakshmana Rao alias Dukkola Lakshmana Rao, Son of Mallayya 
Dukkola, 
18-27-14, 
R.H. 
Colony, 
Balacheruvu, 
Pedagantyada, 
Vishakhapatnam, PIN - 530044 and presently residing at 9438 Abbey Rd, 
Irving, Texas, ZIP Code 75063, United States of America.
             …        Appellant
-Versus-
1. 
Shri Sudulangunta Rama Rao, Son of Kesavulu, 31-3-3/1, Ashok 
Nagar, Kurmannapalem, Vishakhapatnam;
2.
Shri Sudulangunta Kishore, Son of Rama Rao, 31-3-3/1, Ashok Nagar, 
Kurmannapalem, Vishakhapatnam.            
3.
Union 
Bank 
of 
India 
(erstwhile 
Andhra 
Bank), 
Gajuwaka, 
Visakhapatnam.
Represented through its Authorized Officer.
                               …  Respondents 
Counsel for the Appellant
 …    Mr. Y.N. Srinivas

2
 Appeals No. 122 & 149 of 2023-DRAT-Kolkata
Counsel for Respondents
…   
Mr. A.K. Dhandhania, Senior Advocate
Ms. Jayati Chowdhury
Ms. Sweta Mishra
Ms. Priya Malakar 
Mr. J. Vinay Kumar
JUDGMENT                         :
25th August, 2025
THE APPELLATE TRIBUNAL:
Both the appeals are being disposed of by a single 
judgment since both the appeals have arisen against one 
common judgment and order dated 1st July, 2023, passed by 
Learned DRT, Visakhapatnam allowing S.A. 212 of 2023      
(Sri Sudulangunta Rama Rao -vs- Union Bank of India).    
2.
A Securitization Application under Section 17 of the 
SARFAESI Act, 2002 (hereinafter referred to as the ‘Act’) 
was  
filed by the Respondents No. 1 and 2. In             
Appeal No. 122 of 2023, Appellant, Union Bank of India, is 
the Secured Creditor while Respondent No. 3, Dukkala 
Lakshmana Rao, is the Auction Purchaser.  
3.
According to the pleadings of the parties, Securitization 
Applicants are Borrowers of the Secured Creditor who have 
mortgaged the secured assets.  
Loan account became 
irregular and was classified as N.P.A. on 29.7.2018.  
Proceedings under Securitization Act was initiated by the 
Bank.  Notice under Section 13 (2) of the Act was issued on 
2.8.2018 to the Borrowers and were duly served. Notice 
under Section 13 (4) of the Act was also issued on 
16.10.2018 which was also served upon the Borrowers and 
the same was affixed in a conspicuous place of the secured 
assets and was also published in two newspapers dated 

3
 Appeals No. 122 & 149 of 2023-DRAT-Kolkata
21.10.2018.  Valuation Report of the secured assets were 
obtained and notice under Rule 8 (6) of the Security Interest 
(Enforcement) Rules, 2002 (hereinafter referred to as the 
‘Rules’) was issued wherein the auction of the property of K. 
Satyanarayana, Guarantor, was auctioned which is under 
challenge in S.A. 26 of 2019. 
4.
Another notice under Rule 8 (6) of the Rules was issued 
against the Securitization Applicants.  Notice under Rule 9 
(1) of the Rules was issued on 10.2.2020 fixing auction on 
28.2.2020.  Auction was conducted on the same date. 25% 
of 
the 
bid 
amount 
was 
deposited. 
How

…