IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 21191 OF 2022
PETITIONER
VISWAMBARAN
AGED 62 YEARS
S/O. KUNJUKRISHNAN, VISHNU VILASOM SEEMA VILA,
KOADUVAZHANOOR, THIRUVANANTHAPURAM - 695601.
BY ADVS.
AJMAL V. A.
FATHIMA V.A.
A.C.ARFANA
RESPONDENT/S:
1 CANARA BANK
REPRESENTED BY THE AUTHORIZED OFFICER, ARM
BRANCH, 1ST FLOOR, PUKALAKKAT LEKSHMI BAI
TOWERS, T.D. ROAD NORTH END, ERNAKULAM, PIN -
682031.
2 THE MANAGER,
CANARA BANK, KILIMANOOR BRANCH, P.P.11/1280,
1ST FLOOR, KILIMANOOR - 695601.
3 THE AUTHORIZED OFFICER,
CANARA BANK, ARM BRANCH, ERNAKULAM - 682031.
SRI. GOPIKRISHNAN NAMBIAR (SC) R1 TO R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.21191 of 2022 :2:
JUDGMENT
Dated this the 1st day of July, 2022 The writ petition was filed by the petitioner aggrieved by Ext.P2 auction notice issued by the 1 st respondent-Bank for sale of immovable properties invoking Rules 8(6) and 9 of the Security Interest (Enforcement) Rules, 2002. The sale was scheduled to be held on 30.06.2022.
2. Today, when the writ petition came up for hearing, it was submitted that the sale did not materialise as no bidders came forward to buy the property.
3. The counsel for the petitioner submits that in view of the said development, the petitioner wants to make a proposal for sale of one of the mortgaged properties to a private party on condition that the entire sale consideration will be transferred to the Bank towards the petitioner's liability.
W.P.(C) No.21191 of 2022 :3:
In the circumstances of the case, the writ petition is disposed of permitting the petitioner to make a proposal for private sale of the property, to the respondents, who shall consider the same, in accordance with the rules governing the matter.
Sd/-
N. NAGARESH, JUDGE smm/04.07.2022 W.P.(C) No.21191 of 2022 :4: APPENDIX OF WP(C) 21191/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF REQUEST FOR ONE TIME SETTLEMENT DATED 21.05.2022.
Exhibit P2 TRUE COPY OF THE E-AUCTION SALE NOTICE ISSUED BY THE CANARA BANK TO THE PETITION ON 27.05.2022.
Exhibit P3 TRUE COPY OF THE VALUATION APPROVED BY THE VALUER DATED 31.05.2017.
Exhibit P4 VALUATION REPORTS OF THE PROPERTY COMPRISED IN SURVEY NO. 278/11, 278/2 DATED 278/3 OF PULIMATH VILLAGE IN THE NAME OF THE PETITIONER PREPARED BY THE EMPANELLED VALUER DATED 31.05.2017. Exhibit P5 TRUE COPY OF THE DESCRIPTION AND VALUATION OF THE SECURITIES IN THE YEAR 2011 & 12.