Sunitha Menon vs The Branch Manager, Union Bank Of ...
2022 Latest Caselaw 9974 Ker

OP (DRT) No.286/2022                          1/3

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                        THE HONOURABLE MR. JUSTICE GOPINATH P.
             Wednesday, the 31st day of August 2022 / 9th Bhadra, 1944
                             OP (DRT) NO. 286 OF 2022
           SA 7225/2022 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM, ERNAKULAM
   PETITIONER:

          SUNITHA MENON AGED 55 YEARS U-67,ASWATHY GARDENS, CHITTATTUMUKKU
          ,CHITTATTUMUKKU,P.O.THIRUVANADHAPURAM, PIN - 695301

   RESPONDENT:

      1. THE BRANCH MANAGER, UNION BANK OF INDIA UNION BANK OF INDIA ATTINGAL
         BRANCH, AMC-17921,SHAMS COMPLEX ,OPPOSITE .K.S.R.T.C BUS
         STAND,V.V.C.ROAD,ATTINGAL, THIRUVANADHAPURAM DISTRICT, PIN - 695101
      2. THE AUTHORIZED OFFICER ,UNION BANK OF INDIA ,UNION BANK BHAVAN
         ,STATUTE ,M.G.ROAD ,THIRUVANADHAPURA UNION BANK OF INDIA,UNION BANK
         BHAVAN,STATUTE MG ROAD,THIRUVANADHAPURAM, PIN - 695001
      3. THE REGIONAL MANAGER UNION BANK OF INDIA, UNION BANK OF INDIA
         BHAVAN,STATUTE MG ROAD ,THIRUVANADHAPURAM, PIN - 695001
      4. THE CHEIF COMPLIANCE OFFICER COMPLIANCE DEPARTMENT ,10TH FLOOR,
         UNION BANK BHAVAN,VIDHAN BHAVAN MARG,NARIMAN POINT,MUMBAI, PIN -
         400021
      5. THE REGIONAL DIRECTOR R.B.I REGIONAL DIRECTOR OFFICE,BAKERY JUNCTION
         .P.B.NO.6507,THIRUVANDHAPURAM,, PIN - 695033

        Op (debt recovery tribunal) praying inter alia that in the
   circumstances stated in the affidavit filed along with the OP (DRT) the
   High Court be pleased to stay all further proceedings in respect of the defects
   mentioned inthe Exhibit P2 - Securitisation application filed by the petitioner
   pursuant to Exhibit P1& P2, pending disposal of original petition.
        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of OP (DRT) and upon hearing the arguments
   of M/S.B.DIPU SACH DEEV, ARUN BABU & ARUN K.J., Advocates for the
   petitioner and of M/S.ASP.KURUP, SADCHITH.P.KURUP & C.P.ANIL RAJ,
   Advocates for the Respondents, the court passed the following:
 OP (DRT) No.286/2022                         2/3




                                          ORDER

The petitioner participated in an auction conducted by the

respondent Bank and become the successful bidder. As per the

sale notice published by the Bank, the property had an extent of

10.10 Ares. It is the case of the petitioner that on an actual

measurement, the property has an extent of only 9.10 Ares. It is

submitted that the measurement was carried out as per the

interim direction issued by this Court. It is submitted that the

petitioner may either be permitted to pay the amount

proportionate to extent of 9.10 Ares or the petitioner may be

permitted to withdraw from the auction.

The petitioner shall remit the amount proportionate to the

amount payable for the extent of 9.10 Ares, provisionally. The

said amount shall be retained in a no-lien account by the

respondent Bank. The amount shall be paid on or before

15-09-2022.

List this matter for further consideration on 20-09-2022.

Sd/-

GOPINATH P.

                                                            JUDGE
            ats
 OP (DRT) No.286/2022                 3/3

                       APPENDIX OF OP (DRT) 286/2022
Exhibit P1             COPY OF THE JUDGMENT IN W.P.(C) NO.8711 OF 2022 DATED
                       05.04.2022
Exhibit P2             SECURITISATION APPICATION FILED BEFORE DRT-II,ERNAKULAM
                       DATED 03.02.2022