Anzar Babu vs State Bank Of India Stressed ...
2021 Latest Caselaw 13004 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
         THURSDAY, THE 17TH DAY OF JUNE 2021 / 27TH JYAISHTA, 1943
                          WP(C) NO. 9864 OF 2021
PETITIONER:

              ANZAR BABU
              AGED 37 YEARS
              S/O ABDUL RASHEED,
              SHAMEEMA MANZIL, KALLUMTHAZHAM P.O,
              KOLLAM - 691 004.

              BY ADVS.
              C.R.JAYAKUMAR
              SRI.NOBEL RAJU



RESPONDENTS:

     1        STATE BANK OF INDIA STRESSED ASSETS MANAGEMENT BRANCH,
              VANKARATH TOWERS,
              BYPASS JUNCTION, PALARIVATTOM,
              KOCHI-682024,
              REPRESENTED BY ITS CHIEF MANAGER.

     2        THE TAHSILDAR(LR)
              TALUK OFFICE, KOLLAM - 691 001.

     3        THE VILLAGE OFFICER
              KILIKOLLOOR VILLAGE,
              KOLLAM - 691 004.

     4        THE SUB REGISTRAR
              OFFICE OF THE SUB REGISTRAR,
              KILIKOLLOOR, KOLLAM - 691 004.

              BY GOVT. PLEADER SRI.RAVIKRISHNAN


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9864 OF 2021
                                        2




                                    JUDGMENT

The writ petition has been filed praying for a

direction to the 4th respondent to remove the adverse

entries in the relevant registers regarding the

attachment ordered against the secured asset by the

civil courts subsequent to the creation of the mortgage

with the 1st respondent Bank. The grievance of the

petitioner is that even though the petitioner who is

the auction purchaser had purchased the properties and

the sale has become absolute in favour of the

petitioner and that there is no subsisting right

available for the Bank any more, the 4 th respondent is

not removing the entries relating to the mortgage and

attachment which were all issues prior to the auction

sale and have no relevance after the sale is completed.

2. I find considerable force in the contentions

of the petitioner. There is no justifiable reason for

the 4th respondent not to remove the adverse entries WP(C) NO. 9864 OF 2021

relating to the properties after the completion of the

auction sale in favour of the petitioner.

The writ petition is hence disposed of directing

the 4th respondent to remove the adverse entries in the

relevant registers regarding the attachment ordered

against the secured asset by the civil courts after the

creation of the mortgage in favour of the Bank, in the

light of the fact that the mortgagee has no such claim

after the auction sale. Necessary orders will be

passed and corrections will be made in the registers

within a period of 4 weeks from the date of receipt of

a copy of this judgment.

Sd/-

T.R.RAVI JUDGE

Pn WP(C) NO. 9864 OF 2021

APPENDIX OF WP(C) 9864/2021

PETITIONER'S EXHIBIT

EXHIBIT P1 THE TRUE COPY OF THE SALE CERTIFICATE NO.121/1/2018.

EXHIBIT P2 THE TRUE COPY OF THE TAX RECEIPT DATED 28/10/2020.

EXHIBIT P3 THE TRUE COPY OF THE ENCUMBRANCE CERTIFICATE VIDE NO.1026/2021 DATED 10.02.2021.

EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION 5/2/2021.

EXHIBIT P5 THE TRUE COPY OF THE POSTAL RECEIPT DATED 5/2/2021.

EXHIBIT P6 THE TRUE COPY OF THE POSTAL TRACKING SHEET EVIDENCING DELIVERY ON 8/2/2021.