Viswambaran vs Canara Bank
2022 Latest Caselaw 8248 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                       WP(C) NO. 21191 OF 2022
PETITIONER

               VISWAMBARAN
               AGED 62 YEARS
               S/O. KUNJUKRISHNAN, VISHNU VILASOM SEEMA VILA,
               KOADUVAZHANOOR, THIRUVANANTHAPURAM - 695601.
               BY ADVS.
               AJMAL V. A.
               FATHIMA V.A.
               A.C.ARFANA


RESPONDENT/S:

    1          CANARA BANK
               REPRESENTED BY THE AUTHORIZED OFFICER, ARM
               BRANCH, 1ST FLOOR, PUKALAKKAT LEKSHMI BAI
               TOWERS, T.D. ROAD NORTH END, ERNAKULAM, PIN -
               682031.
    2          THE MANAGER,
               CANARA BANK, KILIMANOOR BRANCH, P.P.11/1280,
               1ST FLOOR, KILIMANOOR - 695601.
    3          THE AUTHORIZED OFFICER,
               CANARA BANK, ARM BRANCH, ERNAKULAM - 682031.
               SRI. GOPIKRISHNAN NAMBIAR (SC) R1 TO R3
        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION       ON   01.07.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.21191 of 2022         :2:




                           JUDGMENT

Dated this the 1st day of July, 2022

The writ petition was filed by the petitioner aggrieved by

Ext.P2 auction notice issued by the 1 st respondent-Bank for

sale of immovable properties invoking Rules 8(6) and 9 of

the Security Interest (Enforcement) Rules, 2002. The sale

was scheduled to be held on 30.06.2022.

2. Today, when the writ petition came up for hearing, it

was submitted that the sale did not materialise as no bidders

came forward to buy the property.

3. The counsel for the petitioner submits that in view of

the said development, the petitioner wants to make a

proposal for sale of one of the mortgaged properties to a

private party on condition that the entire sale consideration

will be transferred to the Bank towards the petitioner's

liability.

In the circumstances of the case, the writ petition is

disposed of permitting the petitioner to make a proposal for

private sale of the property, to the respondents, who shall

consider the same, in accordance with the rules governing

the matter.

Sd/-

N. NAGARESH, JUDGE smm/04.07.2022

APPENDIX OF WP(C) 21191/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF REQUEST FOR ONE TIME SETTLEMENT DATED 21.05.2022.

Exhibit P2 TRUE COPY OF THE E-AUCTION SALE NOTICE ISSUED BY THE CANARA BANK TO THE PETITION ON 27.05.2022.

Exhibit P3 TRUE COPY OF THE VALUATION APPROVED BY THE VALUER DATED 31.05.2017.

Exhibit P4 VALUATION REPORTS OF THE PROPERTY COMPRISED IN SURVEY NO. 278/11, 278/2 DATED 278/3 OF PULIMATH VILLAGE IN THE NAME OF THE PETITIONER PREPARED BY THE EMPANELLED VALUER DATED 31.05.2017. Exhibit P5 TRUE COPY OF THE DESCRIPTION AND VALUATION OF THE SECURITIES IN THE YEAR 2011 & 12.