Sunita Menon vs The Branch Manager Of Union Bank
2022 Latest Caselaw 3820 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                    WP(C) NO. 8711 OF 2022
PETITIONERS:

          SUNITA MENON
          AGED 55 YEARS
          W/O.AJITH MENON, RESIDING AT U 67,
          ASWATHY GARDENS, CHITTATTUMUKKU P.O.,
          THIRUVANANTHAPURAM, PIN CODE - 695 301.
          BY ADVS.
          ARUN BABU
          B.DIPU SACH DEEV
          ARUN K.J.


RESPONDENTS:

    1     THE BRANCH MANAGER, UNION BANK OF INDIA,
          ATTINGAL BRANCH, AMC 17 921, SHAMS COMPLEX,
          OPP. K.S.R.T.C. BUS STAND, V.V.C.RD., ATTINGAL,
          DIST. TRIVANDRUM, KERALA, PINCODE - 695 101.
    2     THE AUTHORIZED OFFICER
          UNION BANK OF INDIA, UNION BANK BHAVAN, STATUTE,
          MG ROAD, THIRUVANANTHAPURAM,
          KERALA, PINCODE - 695 001.
    3     THE REGIONAL MANAGER
          UNION BANK OF INDIA, UNION BANK BHAVAN, STATUE
          MG ROAD, THIRUVANANTHAPURAM,
          KERALA, PINCODE - 695 001.
    4     THE CHIEF COMPLIANCE OFFICER
          COMPLIANCE DEPARTMENT, 10TH FLOOR,
          UNION BANK BHAVAN, VIDHAN BHAVAN MARG,
          NARIMAN POINT, MUMBAI, PINCODE - 400 021.
    5     THE REGIONAL DIRECTOR
          RBI, R.B.I.REGIONAL DIRECTOR OFFICE, BAKERY
          JUNCTION, P.B.NO.6507, THIRUVANANTHAPURAM,
          KERALA, PINCODE - 695 033.
          BY ADV ASP.KURUP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.8711 of 2022


                                             2



                      BECHU KURIAN THOMAS, J
                    ..............................................
                        W.P.(C) No.8711 of 2022
                       .....................................
                  Dated this the 5 th day of April, 2022
                                JUDGMENT

Petitioner seeks for a direction to accept the sale

consideration for 9.22 Ares of property auctioned

instead of the advertised 10.10 Ares and seeks

issuance of sale certificate to that extent.

2. According to the petitioner, the property mentioned

in the auction sale notice dated 21.11.2021 was

10.10 Ares in Re-Survey No.298/2013 of Veiloor

Village, Thiruvananthapuram. After participating in

the e-auction, petitioner turned out to be the

successful bidder and the sale was confirmed in her

favour for a total consideration of Rs.67,63,300/-

and after 25% of the bid amount was paid by the

petitioner on the same day. In the meantime, it

came to the knowledge of the petitioner that there is

a reduction of 0.88 Ares and that the Bank had W.P.(C) No.8711 of 2022

erroneously represented the petitioner about the

extent of area put up for sale.

3. Having heard the learned counsel for the petitioner

as well as the learned counsel for the respondent, I

am of the view that the questions raised in this writ

petition are matters which require an appreciation of

disputed facts and since the Tribunal has started its

functioning, it has to be decided by the Tribunal.

4. Therefore, reserving the liberty of the petitioner to

pursue her statutory remedies before the Debts

Recovery Tribunal, this writ petition is disposed of.

5. To enable the petitioner to move the Tribunal,

further proceedings towards cancellation of auction

shall be kept in abeyance for a period of 60 days

from today.

Sd/-

BECHU KURIAN THOMAS JUDGE AMV/06/04//2022 W.P.(C) No.8711 of 2022

APPENDIX OF WP(C) 8711/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 20/12/2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. Exhibit P2 TRUE COPY OF THE SURVEY SKETCH DATED 03/01/2022.

Exhibit P3 TRUE COPIES OF PHOTOGRAPHS E-AUCTIONED NPA ASSET.

Exhibit P4 TRUE COPY NOTICE DATED 01/01/2022, ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

  Exhibit P5             THE TRUE COPY OF THE E-MAIL DATED
                         17/01/2022,     SENT    BY     THE    1ST
                         RESPONDENT.
  Exhibit P6             TRUE COPY OF THE PETITION TO 1ST AND

2ND RESPONDENT, DATED 23/02/2022.

  Exhibit P7             THE TRUE COPY OF THE REGISTERED POSTAL
                         RECEIPT    OF     EXHIBIT     P6    DATED

23/02/2022, SENT TO THE 1ST RESPONDENT BY THE PETITIONER.

Exhibit P8 THE TRUE COPY OF THE COMPLAINT TO 5TH RESPONDENT DATED, 23/02/2022. RESPONDENTS ANNEXURES ANNEXURE R1A COPY OF DOCUMENT NO.88/2018 OF MURIKKUMPUZHA SRO DATED 05.01.2018 ANNEXURE R1B COPY OF LAND TAX RECEIPT DATED 29.01.2018 ISSUED FROM VEILOOR VILLAGE OFFICE.

ANNEXURE R1C COPY OF LOCATION CERTIFICATE DATED 03.02.2018 ISSUED FROM VEILOOR VILLAGE OFFICE.

ANNEXURE R1D COPY OF THANDAPPER REGISTER ISSUED FROM VEILOOR VILLAGE OFFICE DATED 03.02.2018.

ANNEXURE R1E COPY OF LOCATION SKETCH DATED 03.02.2018 ISSUED FROM VEILOOR VILLAGE OFFICE ANNEXURE R1F COPY OF POSSESSION CERTIFICATE DATED 03.02.2018 ISSUED FROM VEILOOR VILLAGE OFFICE.

ANNEXURE R1G COPY OF SALE NOTICE DATED 19.11.2021 PUBLISHED BY THE RESPONDENT BANK TRUE COPY