Kerala High Court
Vishnujith S vs State Bank Of India on 12 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
WP(C) NO. 41257 OF 2022
PETITIONER :
VISHNUJITH S.,
AGED 48 YEARS,
S/O. SOMAN K., RESIDING AT MIDHILAPURI,
KULAKKADA EAST P.O., KOTTARAKKARA,
KOLLAM., PIN - 691 521
BY ADVS.
RUBEN GEORGE ROCK
C.A.MAJEED
K.H.ASIF
MOLTY MAJEED
P.B.UNNIKRISHNAN NAIR
RESPONDENT :
1 STATE BANK OF INDIA,
REPRESENTED BY ASSISTANT GENERAL MANAGER,
STRESSED ASSETS RECOVERY BRANCH,
FIRST FLOOR, LMS COMPOUND,
OPPOSITE MUSEUM WEST GATE,
VIKAS BHAVAN P.O.
THIRUVANANTHAPURAM,
PIN - 695 033
2 ASSISTANT GENERAL MANAGER,
STATE BANK OF INDIA,
STRESSED ASSETS RECOVERY BRANCH,
FIRST FLOOR, LMS COMPOUND,
OPPOSITE MUSEUM WEST GATE,
VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM,
PIN - 695 033
3 RECOVERY OFFICER,
DEBT RECOVERY TRIBUNAL (KERALA),
HOUSING BOARD BUILDINGS,
WP(C) NO. 41257 OF 2022
2
PANAMPALLY NAGAR, KOCHI,
ERNAKULAM, PIN - 682 036
BY ADV SHRI.JITHESH MENON, SC, SBI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING :
WP(C) NO. 41257 OF 2022
3
BECHU KURIAN THOMAS, J.
--------------------------------
W.P.(C) No.41257 of 2022
---------------------------------
Dated this the 12th day of January, 2023
JUDGMENT
Petitioner was the successful bidder in an auction conducted
pursuant to Ext.P1. The auction was held on 30.11.2022 and the
petitioner bid the property for an amount of Rs.50,20,000/-. An amount
of Rs.2,30,000/- was also paid by the petitioner prior to the auction as
EMD and later, a further amount of Rs.10,25,000/- was paid being 25%
of the bid amount. As per the terms of sale, petitioner ought to have paid
the balance amount of Rs.37,65,000/- on or before 15.12.2022.
According to the petitioner, there was a default in payment of the balance
amount and therefore, he requested the Recovery Officer to extend the
time for payment of the balance sale consideration through Ext.P5
petition which is pending consideration. It is also the case of the
petitioner that a further amount of Rs.5,00,000/- was paid by him on
13.12.2022 while submitting the application for extension of time.
2. I have heard the learned counsel for the petitioner as well as the
learned counsel for respondents 1 and 2.
3. Having regard to the nature of the the order that I propose to
pass, notice to the 3rd respondent is dispensed with.
4. Since Ext.P5 petition filed as I.A.No.05/2023 in
WP(C) NO. 41257 OF 2022
DRC.No.299/2019 is pending before the Recovery Officer of the Debts
Recovery Tribunal, Ernakulam, I am of the view that the writ petition can
be disposed of directing the Recovery Officer to take a decision on the
said application.
5. Accordingly, there will be a direction to the 3 rd respondent
Recovery Officer to consider and dispose of I.A.No.05/2023 in
DRC.No.299/2019, pending on its files, as expeditiously as possible, at
any rate, within a period of 30 days from the date of receipt of a copy of
this judgment.
The writ petition is disposed of as above.
BECHU KURIAN THOMAS, JUDGE
RKM
WP(C) NO. 41257 OF 2022
APPENDIX OF WP(C) 41257/2022
PETITIONER'S EXHIBITS :
Exhibit P1 A TRUE COPY OF THE PROCLAMATION OF SALE
ALONG WITH TERMS AND CONDITIONS DATED
21.09.2022
Exhibit P2 A TRUE COPY OF THE LETTER DATED 30.11.2022
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER
Exhibit P3 A TRUE COPY OF THE LETTER DATED 30.11.2022
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER
Exhibit P4 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER ALONG WITH
PROOF OF PAYMENT OF AMOUNT
Exhibit P-5 A PHOTOCOPY OF PETITIONER I.A NO. 5/20123
FILED BEFORE THE 3RD RESPONDENT
