Kerala High Court
A.P. Sahadevan vs State Bank Of India on 16 February, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
WP(C) No.5219/2024 1/5 Order Date : 16-02-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Friday, the 16th day of February 2024 / 27th Magha, 1945
IA.NO.1/2024 IN WP(C) NO. 5219 OF 2024
APPEAL NO 12/2013 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
APPLICANT/PETITIONER IN THE ORIGINAL PETITION:
A.P.SAHADEVAN, AGED 64 YEARS, S/O.DEVAKIAMMA, ADAYARIL HOUSE,
KAKKAD KARA, PIRAVOM VILLAGE, ERNAKULAM, PIN - 668664.
RESPONDENTS/RESPONDENTS IN THE WRIT PETITION:
1. STATE BANK OF INDIA, PIRAVOM BRANCH, REPRESENTED BY IT'S BRANCH
MANAGER,PIRAVOM,ERNAKULAM, PIN - 668664.
2. VALSALAN K.K., S/O.MR.KUMARAN, RESIDING AT 341, KOOVAKKATT, 13,
KOTHAKULANGARA, TRIPUNITHURA, ERNAKULAM, PIN - 682301.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay all further
proceedings pursuant to Exhibit.P-21 and Exhibit.P-22, in the interests of
justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S.GEORGE POONTHOTTAM (SENIOR), K.H.ASIF, C.A.MAJEED, MOLTY MAJEED,
P.B.UNNIKRISHNAN NAIR & SHERIN BIJU, Advocates for the petitioner and of
SRI.M.SASIDHARAN MADAMPARAMBIL, Advocate for R2, the court passed the
following:
WP(C) No.5219/2024 2/5 Order Date : 16-02-2024
N.NAGARESH, J.
------------------------------------------
I.A. No.1 of 2024
in
W.P.(C) No.5219 of 2024
-------------------------------------------------
Dated this the 16th day of February, 2024
ORDER
The petitioner in W.P.(C) No.5219 of 2024 seeks to stay
further proceedings pursuant to Exts.P21 and P22 in the interest
of justice.
2. The thrust of the argument of the petitioner is that
though the Recovery Certificate was issued in the year 2008, the
sale was confirmed only in the year 2013. The sale is therefore
barred by limitation. Furthermore, no notice of sale has been
served on the petitioner. On that ground alone, the sale
proceedings are liable to be set aside.
3. Counsel for the petitioner relied on a number of
judgments of the Hon'ble Apex Court to assert that when notice
WP(C) No.5219/2024 3/5 Order Date : 16-02-2024
of sale is not given, the sale itself is illegal and that the said
issue can be agitated at any point of time by an aggrieved
party.
4. I have heard the learned counsel for the petitioner
and the learned Standing Counsel representing
1st respondent.
5. The petitioner had earlier approached this Court
filing O.P (DRT) No.491/2023 seeking to set aside Ext.P6
order therein whereby the petitioner's application for
amendment was rejected.
6. In the said O.P (DRT), this Court found that the
appeal was filed in the year 2013 and an application for
amendment relating to the delay in holding sale on the basis
of Recovery Certificate issued on 07.07.2008 could have been
made by the petitioner at the time of filing of Appeal
No.12/2013 or soon thereafter. The petitioner has sought to
amend the appeal after nearly a decade. The Tribunal has
held that the order passed in I.A. No.1953/2013 in OA
WP(C) No.5219/2024 4/5 Order Date : 16-02-2024
No.165/2018 would show that the petitioner had the
knowledge of the issuance of Sale Notice. Annexure-B2 letter
dated 27.06.2013 and Annexure-B3 copy of acknowledgment
card would show that the petitioner has received the letter of
confirmation of sale. The petitioner did not move the Tribunal
for amendment for a long period thereafter. This Court noted
that this is a case where third party rights have accrued
consequent to the sale effected by the Tribunal.
7. The reasons advanced by this Court on the
challenge against the amendment, are equally applicable to
this I.A. also. The interim order is therefore declined.
Post the writ petition on 21.02.2024.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) No.5219/2024 5/5 Order Date : 16-02-2024
APPENDIX OF WP(C) 5219/2024
Exhibit P1 A TRUE COPY OF THE LETTER DATED 23/07/2012 IS PRODUCED
Exhibit P2 A TRUE COPY OF THE RECEIPT DATED 26/07/2012 ISSUED BY
THE 1ST RESPONDENT IS PRODUCED
Exhibit P3 A TRUE COPY OF THE PROPOSAL FOR OTS DATED 24/11/2012
SUBMITTED BY THE PETITIONER WHICH WAS ENDORSED BY THE
BANK IS PRODUCED
Exhibit P4 A TRUE COPY OF THE IA 1953/2013 IN OA 165/2008 PRAYING
TO SET ASIDE THE AUCTION SALE CONDUCTED ON 04/02/2013
WHICH CONTAINS THE LETTER ISSUED BY THE BANK DATED
23/07/2012 MARKED AS ANNEXURE A1 AND RECEIPT SHOWING
DEPOSIT IN A NON-LIEN ACCOUNT MARKED AS ANNEXURE A2
Exhibit P5 A TRUE COPY OF THE ORDER DATED 15/07/2013 IN IA
1953/2013 IN OA 165/2008 IS PRODUCED
Exhibit P6 A TRUE COPY OF THE APPEAL NO.12 OF 2013 FILED BEFORE
THE DRT, ERNAKULAM BENCH
Exhibit P7 A TRUE COPY OF THE ORDER DATED 21/08/2013 OF THE
DRT,ERNAKULAM BENCH IN I.A.NO.2465 OF 2013 IN APPEAL
NO.12 OF 2013 IS PRODUCED
Exhibit P8 A TRUE COPY OF THE RESTORATION PETITION DATED
30/12/2016 IN APPEAL 12 OF 2013 IS PRODUCED
Exhibit P9 A TRUE COPY OF THE ORDER OF THE DEBTS RECOVERY
TRIBUNAL, ERNAKULAM, AND DATED 18/02/2019 IN IA 9 OF
2017 IN APPEAL 12 OF 2013 IS PRODUCED
Exhibit P10 A TRUE COPY OF THE ORDER DATED 01/03/2019 IN OP (DRT)
40/2019 OF THIS HON'BLE COURT IS PRODUCED
Exhibit P11 A TRUE COPY OF THE APPEAL PREFERRED BY THE APPELLANT
BEFORE THE DRAT, WITHOUT EXHIBITS, IS PRODUCED
Exhibit P12 A TRUE COPY OF THE ORDER DATED 08/08/2019 IN AIR
126/2019 OF THE DEBT RECOVERY APPELLATE TRIBUNAL,
CHENNAI, IS PRODUCED
Exhibit P13 A TRUE COPY OF THE ORDER DATED 18/12/2019 IS PRODUCED
Exhibit P14 A TRUE COPY OF THE ORDER DATED 01/06/2022 IN MA 13/2021
IS PRODUCED
Exhibit P15 A TRUE COPY OF THE ORDER DATED 26/08/2022 IN WP (C)
24107 OF 2022 OF THIS HON'BLE COURT IS PRODUCED
Exhibit P16 A TRUE COPY OF THE JUDGMENT DATED 19/06/2023 IN WA
1436/2022 OF THIS HON'BLE COURT IS PRODUCED
Exhibit P17 A TRUE COPY OF THE JUDGMENT DATED 14/08/2023 IN WP (C)
24107/2022 OF THIS HON'BLE COURT IS PRODUCED
Exhibit P18 A TRUE COPY OF IA 4599/2023 IN APPEAL 12/2013 IS
PRODUCED
Exhibit P19 THE PETITIONER FILED AN ARGUMENT NOTE DATED 18/12/2023
IN APPEAL 12/2013, A TRUE COPY OF WHICH IS PRODUCED
Exhibit P20 A TRUE COPY OF THE ORDER DATED 21/12/2023 PASSED BY THE
HON'BLE DEBT RECOVERY TRIBUNAL IS PRODUCED
Exhibit.P-21 A TRUE COPY OF THE LETTER DATED 31/01/2024 ISSUED BY
THE ADVOCATE COMMISSIONER
Exhibit.P-22 A TRUE COPY OF THE SAID NOTICE DATED 19/01/2024 ISSUED
BY THE RECOVERY OFFICER
