Kerala High Court
Axis Bank Limited vs The Sub Registrar on 12 June, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
WP(C) No.20855/2024 1/3 Order Date : 12-06-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Wednesday, the 12th day of June 2024 / 22nd Jyaishta, 1946
WP(C) NO. 20855 OF 2024
PETITIONER:
AXIS BANK LIMITED, HAVING ITS BRANCH OFFICE AT AGRI BUSINESS CENTRE,
1ST FLOOR, PUKALAKKAT CITY CENTRE, PALARIVATTOM, COCHIN, REPRESENTED
BY ITS AUTHORIZED OFFICER AJAY M , PIN - 682025
RESPONDENTS:
1. THE SUB REGISTRAR KEERIKKAD.P.O, EVOOR MUTTOM ROAD, PATHIYOOR,
ALAPPUZHA, PIN - 690508
2. THE VILLAGE OFFICER, KEERIKKAD VILLAGE OFFICE, NH 66, (WEST OF
KAREELAKULANGARA, JN),KAREELAKULANGARA, ALAPPUZHAM, PIN - 690572
3. THE SOUTH INDIAN BANK LTD. KARTHIKAPPALLY BRANCH, ST.THOMAS ORTHODOX
CATHEDRAL BUILDING, KARTHIKAPALLY P.O., ALAPPUZHA REPRESENTED BY ITS
AUTHORISED OFFICER, PIN - 690516
4. MR. ANIL KUMAR.S, KOTTILLAPATTU, RAMAPURAM, NORTH KEERIKKAD
P.O., KARTHIKAPPALLY, ALAPPUZHA, PIN - 690508
5. MR. RAJEEV T P, APARTMENT NO. 4D, 4TH FLOOR, CHOICE PARADISE
APARTMENTS, NEAR CHOICE, SCHOOL, THRIPUNITHURA, ERNAKULAM, PIN -
682301
6. MRS. SHARMILAKUMARI RAJEEV, APARTMENT NO. 4D, 4TH FLOOR, CHOICE
PARADISE APARTMENTS, NEAR CHOICE SCHOOL, THRIPUNITHURA, ERNAKULAM,
PIN - 682301
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 1st respondent to register the exhibit p2 sale
certificate issued by the petitioner in the event of the mortgaged
property sold in public auction under sarfaesi act.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. MADHU RADHAKRISHNAN, NELSON JOSEPH, M.D.JOSEPH & DEEPAK ASHOK KUMAR,
Advocates for the petitioner, the court passed the following:
WP(C) No.20855/2024 2/3 Order Date : 12-06-2024
N. NAGARESH, J.
----------------------------
W.P. (C) No.20855 of 2024
--------------------------------------------------
Dated this the 12th day of June, 2024
ORDER
Admit.
Government Pleader takes notice for respondents
1 and 2. Standing Counsel takes notice for the 3 rd
respondent. Issue urgent notice by Speed Post to
respondents 4 to 6.
Post on 15.07.2024.
Sd/-
N. NAGARESH
JUDGE
AMR
WP(C) No.20855/2024 3/3 Order Date : 12-06-2024
APPENDIX OF WP(C) 20855/2024
Exhibit P1 TRUE COPY OF MEMORANDUM OF ENTRY DATED 13-06-2016
Exhibit P2 TRUE COPY OF THE SALE CERTIFICATE DATED 20-04-2024
Exhibit P3 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE NO. 4096/2023
DATED 20/10/2023
Exhibit P4 TRUE COPY OF THE JUDGMENT IN WPC 16745/2018 DATE
10.12.2018
Exhibit P5 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT
IN WPC NO. 3956/2019 DATED 11.02.2019
Exhibit P6 TRUE COPY OF THE JUDGMENT IN WPC NO. 27827/ 2020 DATED
21.01.2021
Exhibit P7 TRUE COPY OF THE JUDGMENT IN WPC NO. 39735/2022 DATED
9/2/2023
