Mrs.Soorya S vs The Authorised Officer
2022 Latest Caselaw 11266 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
   FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
                        WP(C) NO. 30194 OF 2021
PETITIONER:

          MRS.SOORYA S.
          AGED 57 YEARS
          W/O MOOSAKUTTY,
          RESIDING AT SELAMATH 'SREE EIGHT,' EDAVA P O, VARKALA,
          THIRUVANANTHAPURAM-695311.

          BY ADV A.JANI


RESPONDENTS:

    1     THE AUTHORISED OFFICER
          VARKALA BRANCH, MAIDANAM,
          TEMPLE ROAD, THIRUVANANTHAPURAM DISTRICT, PIN-695141.

    2     THE BRANCH MANAGER
          UCO BANK, VARKALA BRANCH,
          MAIDANAM, TEMPLE ROAD,
          THIRUVANANTHAPURAM DISTRICT, PIN-695141.


OTHER PRESENT:

          ADV. H RAMANAN (SC)




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.30194/2022                   -2-

                                JUDGMENT

This writ petition has been filed challenging Rext.P13 sale notice on the

ground that the sale was being conducted without notice to the legal heirs of the

deceased borrower.

2. When this matter is taken up for consideration, it is the submission of

the learned counsel appearing for the respondent bank that the sale which was

impugned was held on 28-12-2021 and a sale certificate has been issued in favour of

the auction purchaser.

3. The learned counsel appearing for the petitioner states that S.A.

No.253/2022 is pending before the Debts Recovery Tribunal-II, Ernakulam

impugning the said sale.

4. In the light of the above, nothing further survives for consideration in

this writ petition and it is accordingly closed, leaving open all contentions of the

petitioner to be urged in the proceedings before the Tribunal. The Tribunal shall

endeavour to dispose of the matter without undue delay.

Sd/-

GOPINATH P.

JUDGE

AMG

APPENDIX OF WP(C) 30194/2021

PETITIONER EXHIBITS

Exhibit P3 TRUE COPY OF NOTICE UNDER RULE 8(5) OF SECURITY INTEREST (ENFORCEMENT) RULES 2002.

Exhibit P4 TRUE COPY OF PETITION IN MC NO.706 OF 2019 SUBMITTED BEFORE CJM, THIRUVANANTHAPURAM.

Exhibit P5 TRUE COPY OF ORDER IN EXHIBIT P 5 PETITION.

Exhibit P6 TRUE COPY OF JUDGMENT IN WPC NO.16135 OF 2020 OF THIS HONOURABLE COURT.

Exhibit P7 TRUE COPY OF JUDGMENT IN WPC NO.16135 OF 2020 OF THIS HONOURABLE COURT.

Exhibit P8 TRUE COPY OF REPRESENTATION SUBMITTED BY PETITIONER TO RESPONDENTS.

Exhibit P9 TRUE COPY NOTICE UNDER RULE 8(5) OF THE SECURITY INTEREST (ENFORCEMENT) RULES 2002.

Exhibit P10 TRUE COPY OF NOTICE UNDER RULE 8(6) OF THE SECURITY INTEREST (ENFORCEMENT) RULES 2002.

Exhibit P11 TRUE COPY OF APPLICATION PREFERRED BEFORE THE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM CHALLENGING EXHIBIT P 9 AND P 10.

Exhibit P12 TRUE COPY OF INTERIM ORDER PASSED BY THIS HONOURABLE COURT IN OP (DRT) NO.59 OF 2021.

Exhibit P13 TRUE COPY OF NOTICE UNDER RULE 8(6) OF THE SARFAESI RULES PASSED BY 1ST RESPONDENT.

Exhibit P1 TRUE COPY OF NOTICE UNDER SECTION 13(4) SARFAESI ACT R/W RULE 8(11) OF SARFAESI RULES.

Exhibit P2 TRUE COPY OF NOTICE UNDER SECTION 13(2) OF THE SARFAESI ACT.