Mohammed Ismail vs The Authorised Officer,(Chief ...
2023 Latest Caselaw 5506 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945
                       WP(C) NO. 31138 OF 2022
PETITIONER:

            MOHAMMED ISMAIL,
            RESIDING AT KUNNIL PUTHENVEEDU, VENCODE, ELAGAMON
            DESOM, AYIROOR VILLAGE, THIRUVANANTHAPURAM - 695310
            BY ADVS.
            B.KRISHNA MANI
            SAABIR F. HAQ
            N.V.SANDHYA
            DHANUJA M.S


RESPONDENTS:

    1       THE AUTHORISED OFFICER,(CHIEF MANAGER),
            STATE BANK OF INDIA, STRESSED ASSETS RECOVERY BRANCH,
            LMS COMPOUND, OPPOSITE MUSEUM WEST GATE, VIKAS BHAVAN,
            P.O. THIRUVANANTHAPURAM DISTRICT, PIN - 695033
    2       VIKRAMAN,
            RESIDING AT KAILAS, KOLLAMCHERY, KOLLAM VILLAGE,
            KOLLAM TALUK, KOLLAM DISTRICT, PIN - 690544
            BY ADV SHRI.JITHESH MENON, SC, SBI

            SRI. S. EASWARAN-SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 31138 OF 2022

                                    2


                                JUDGMENT

It is submitted by the learned counsel for the

petitioner as well as the learned counsel for the

bank that though the sale was slated on 29/4/2023,

there were no bidders, and therefore, sale did not

take place. Recording the same and with liberty to

the petitioner to seek his remedy in the pending SA

before the DRT, the writ petition is disposed.

Sd/-

MURALI PURUSHOTHAMAN JUDGE msp WP(C) NO. 31138 OF 2022

APPENDIX OF WP(C) 31138/2022

PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE SALE DEED DATED 6/6/2019 Exhibit-P2 A TRUE COPY OF THE JUDGMENT DATED 15-2-2010 IN O.S.NO.258/2009 BEFORE THE SUB COURT ATTINGAL Exhibit-P3 A TRUE COPY OF THE JUDGMENT IN F.A.O.NO.195/2017 BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM DATED 19-11-2019 Exhibit-P4 A TRUE COPY OF THE ORDER DATED 12-10-2017 IN T.S.A.NO.293/2016 BEFORE THE DEBTS RECOVERY TRIBUNAL ERNAKULAM Exhibit-P5 A TRUE COPY OF THE S.A.NO.329/2019 BEFORE THE DEBTS RECOVERY TRIBUNAL ERNAKULAM DATED 13- 11-2019 Exhibit-P6 A TRUE COPY OF THE PLAINT IN O.S.NO.50/2015 BEFORE THE SUB COURT ATTINGAL DATED 31-1-2015 Exhibit-P7 A TRUE COPY OF THE TAX RECEIPT DATED 18-4-

Exhibit-P8 A TRUE COPY OF THE SALE NOTICE DATED 2-9-2022 Exhibit-P9 A TRUE COPY OF THE PROCEEDINGS DATED 23-5-

2022 IN S.A.NO.329/2019 BEFORE THE DEBTS RECOVERY TRIBUNAL ERNAKULAM Exhibit P9 A TRUE COPY OF THE A SALE NOTICE FOR THE SALE OF THE PROPERTY DATED 4-4-2023