P.P.Aboobacker vs Indian Bank
2021 Latest Caselaw 20743 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                 THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

          TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943

                            OP (DRT) NO. 156 OF 2021

PETITIONERS:

     1         P.P.ABOOBACKER
               AGED 66 YEARS
               PROPRIETOR, FATHIMA TRADING COMPANY, SON OF KAMAAL ,RESIDING AT
               SUHARA MANZIL KOODALI, KANHIRODE, KANNUR-670 592.
     2         T.P. NOUFAL,
               SON OF P.P.ABOOBACKER, SUHARA MANZIL, KOODALI, KANHIRODE,
               KANNUR-670 592.
               BY ADVS.
               A.S.DILEEP
               P.BINOD
               SUDEEP ARAVIND PANICKER


RESPONDENT :

               INDIAN BANK
               REPRESENTED BY ITS AUTHORISED OFFICER, ZONAL OFFICE, KANNUR
               ROAD, WEST NADAKKAVU, KOZHIKODE-673 011.



               ADV.S.EASWARAN-SC



THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 05.10.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (DRT) NO. 156 OF 2021
                                     2




                       BECHU KURIAN THOMAS, J
                   ===========================
                        O.P(DRT) No.156 of 2021
                       ---------------------------------
                Dated this the 5 th day of October, 2021

                               JUDGMENT

Petitioners challenge proceedings initiated by the

respondent under Securitisation and Reconstruction

of Financial Assets and Enforcement of Security

Interest Act, 2002; especially Ext.P1 notice of sale

indicating that the scheduled property will be sold

on 06.10.2021.

2. Adv.S.Easwaran, appearing on behalf of the

respondent submits that even though the sale was

scheduled as per Ext.P1 to be held on 06.10.2021,

there are no bidders for the said sale and, therefore,

sale will not proceed.

3. The said submission is recorded.

4. In view of the above, nothing further needs to be

considered in this original petition and the same is OP (DRT) NO. 156 OF 2021

closed. However, liberty of the petitioners to

pursue their appropriate remedies before the

appropriate forum as and when situation arises shall

stand reserved.

The original petition is closed.

BECHU KURIAN THOMAS, JUDGE AMV/05/10//2021 OP (DRT) NO. 156 OF 2021

APPENDIX OF OP (DRT) 156/2021

PETITIONER EXHIBITS Exhibit P1 COPY OF SALE NOTE DATED 1.9.2021 ISSUED BY THE RESPONDENT TO THE PETITIONERS Exhibit P2 COPY OF CERTIFICATE ISSUED BY POST OFFICE KOODALI DATED 4.10.2021 SHOWING THE DATE OF DELIVERY OF EXHIBIT P1 SALE NOTICE Exhibit P3 COPY OF CERTIFICATE ISSUED BY POST OFFICE KOODALI DATED 4.10.2021 SHOWING THE DATE OF DELIVERY EXHIBIT P1 SALE NOTICE Exhibit P4 COPY OF CERTIFICATE ISSUED BY POST OFFICE KOODALI DATED 4.10.2021 SHOWING THE DATE OF DELIVERY EXHIBIT P1 SALE NOTICE Exhibit P5 COPY OF CERTIFICATE DATED 23.2.2021 ISSUED BY THE AGRICULTURAL OFFICER, KRISHIBHAVAN, ULIKKAL TO THE FIRST PETITIONER Exhibit P6 PHOTOGRAPH OF PROPERTY OF FIRST PETITIONER PROPOSED TO BE SOLD BY THE RESPONDENT ON 6.10.2021 Exhibit P7 PHOTOGRAPH OF PROPERTY OF FIRST PETITIONER PROPOSED TO BE SOLD BY THE RESPONDENT ON 6.10.2021 Exhibit P8 PHOTOGRAPH OF PROPERTY OF FIRST PETITIONER PROPOSED TO BE SOLD BY THE RESPONDENT ON 6.10.2021 Exhibit P9 PHOTOGRAPH OF PROPERTY OF FIRST PETITIONER PROPOSED TO BE SOLD BY THE RESPONDENT ON 6.10.2021 Exhibit P10 PHOTOGRAPH OF PROPERTY OF FIRST PETITIONER PROPOSED TO BE SOLD BY THE RESPONDENT ON 6.10.2021 Exhibit P11 COPY OF THE VALUATION REPORT DATED 1.10.2021 ISSUED BY ER. RETNAKARAN IN RESPECT OF FIRST ITEM OF SECURED ASSET PROPERTY Exhibit P11(A) COPY OF THE VALUATION REPORT DATED 1.10.2021 ISSUED BY ER. RETNAKARAN IN RESPECT OF SECOND ITEM OF SECURED ASSET PROPERTY Exhibit P12 COPY OF REPORT ISSUED BY CERSAI DATED 30.9.2021 Exhibit P13 COPY OF THE SECURITIZATION APPLICATION FILED BY THE PETITIONERS BEFORE DRT 1 ERNAKULAM AGAINST THE RESPONDENT WITH FILING ID 81113 Exhibit P14 COPY OF STAY PETITION FILED BY PETITIONERS BEFORE DRT 1 ERNAKULAM WITH FILING ID 8115.

  RESPONDENTS EXHIBITS      NIL
                                                                    TRUE COPY