Uvaice vs The Axis Bank Ltd
2021 Latest Caselaw 21384 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                         WP(C) NO. 6935 OF 2020
PETITIONER :

          UVAICE,
          AGED 32 YEARS,
          S/O. HASSAN, POONAKUDIYIL HOUSE,
          PALLARIMANGALAM P.O., PIDAVOOR KARA,
          VARAPETTY VILLAGE, KOTHAMANGALAMTLAUK,
          ENRAKULAM DISTRICT

          BY ADV T.A.KATHIRUKUNJU



RESPONDENTS :

    1     THE AXIS BANK LTD.,
          REPRESENTED BY IS MANAGER, KOTHAMANGALAM BRANCH,
          ERNAKULAM DISTRICT-686 691

    2     AUTHORISED OFFICER,
          AXIS BANK RETAIL ASSET CENTRE,
          5TH FLOOR, CHICKAGO PLAZA RAJAJI ROAD,
          ERNAKULAM DISTRICT-682 035

          BY ADVS. SMT.SREEKALA KRISHNADAS

          SRI.PAULOCHAN P.ANTONY




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6935 OF 2020
                                      2


                    BECHU KURIAN THOMAS, J.
               -----------------------------------------
                     W.P.(C) No. 6935 of 2020
                ----------------------------------------
               Dated this the 29th day of October, 2021

                             JUDGMENT

Petitioner challenges a sale conducted by the first

respondent Bank and has also sought for a stay of all proceedings

till disposal of his application to set aside ex parte decree filed

in OA.No.344/2017 which is pending before the Debt Recovery

Tribunal - I, Ernakulam.

2. On 09.03.2020 this Court had directed stay of

SARFAESI proceedings till the pendency of the appeal as well as

petition to set aside the judgment and recovery certificate of the

DRT. The said interim order was extended by one week on

12.03.2020 and thereafter the stay order was not extended.

3. An ex parte final order was passed by the Debt

Recovery Tribunal - I, Ernakulam, in O.A.No.344 of 2017 on

04.06.2018. An application was filed by the petitioner to set aside

the said ex parte final order. Copy of the said application filed on

01.10.201 is produced as Ext.P6.

4. Today, when the matter was taken up, the learned

counsel for the respondents submitted that MA.No.174/2019 and WP(C) NO. 6935 OF 2020

MA.No.173/2019 were dismissed by the Debt Recovery Tribunal on

07.04.2021. MA.No.174/2019 was an application to set aside the ex

parte order dated 04.06.2018. It is further submitted by the learned

counsel for the respondent that appeal has not been preferred by the

petitioner before the appellate authority constituted under law and

the said orders have become final. The reliefs claimed for in the writ

petition has become redundant in view of the aforementioned

circumstances.

In view of the above, nothing further remains to be

considered in this writ petition. Accordingly this writ petition stands

dismissed.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM WP(C) NO. 6935 OF 2020

APPENDIX OF WP(C) 6935/2020

PETITIONER'S EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE WELCOME LETTER FROM THE 1ST RESPONDENT'S BANK

EXHIBIT P2 TRUE COPY OF THE LEASE AGREEMENT WITH LAND OWNERS AT CHINNAKANAL DATED 23.8.2014

EXHIBIT P3 TRUE COPY OF THE DEMAND NOTICE DATED 10.12.2015

EXHIBIT P4 TRUE COPY OF THE REPLY NOTICE DATED 15.12.2015

EXHIBIT P5 TRUE COPY OF THE FINAL ORDER IN DRT DATED 4.6.2018

EXHIBIT P6 TRUE COPY OF THE EXPARTE SET ASIDE PETITION DATED 01.10.2019

EXHIBIT P7 TRUE COPY OF THE LICENSE FROM THE ADIMALI PANCHAYATH DATED 7.5.2015

EXHIBIT P8 TRUE COPY OF THE COMMISSIONER ADVOCATES NOTICE DATED 13.1.2020

EXHIBIT P9 TRUE COPY OF THE MC NO.808/2018 DATED 18.12.2018 OF JCFM COURT, ENRKAULAM

EXHIBIT P10 TRUE COPY OF THE PETITIONER'S COMPLAINT DATED 13.11.2019