Kerala High Court
M/S. Gck Associates vs Bank Of Baroda on 5 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
2024:KER:67700
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 19078 OF 2024
PETITIONER:
M/S. GCK ASSOCIATES,
D.NO. 231 A, 3RD FLOOR, DD VYAPAR BHAVAN,
K. P. VALLON ROAD, KADAVANTHRA, KOCHI, PIN - 685020,
REPRESENTED BY ITS PROPRIETOR.
BY ADVS.
SRI. BIJU BALAKRISHNAN
SMT. V. S. RAKHEE
SMT. K. J. GISHA
SRI. AJMAL P.
SMT. AKSHAYA S. NAIR
RESPONDENTS:
1 BANK OF BARODA,
VYTTILA BRANCH, 1ST FLOOR, NEAR WELCARE HOSPITAL,
S. A. ROAD, VYTTILA, PIN - 682019,
REPRESENTED BY ITS BRANCH MANAGER.
2 THE AUTHORISED OFFICER,
BANK OF BARODA, ROSARB - ERNAKULAM, P. B. NO. 1772,
PALLIMUKKU, M. G. ROAD, ERNAKULAM, PIN - 682016.
3 JACOB THOMAS,
FLAT NO. 3A, AVVAI KUDIL APARTMENTS,
GANDHI NAGAR, ADAYAR, CHENNAI, PIN - 600020.
WP(C) NO. 19078 OF 2024 2
2024:KER:67700
2024:KER:66208
BY ADVS.
SMT. I. SHEELA DEVI
SRI. LEO GEORGE
SRI. NAGARAJ NARAYANAN - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 19078 OF 2024 3
2024:KER:67700
2024:KER:66208
DINESH KUMAR SINGH, J.
--------------------------
W.P.(C) No. 19078 of 2024
-------------------------
Dated this the 5th day of September, 2024
JUDGMENT
1. The present writ petition has been filed for the following
prayers;
I) To quash Exts. P1, P2 & P4 by issuing a
writ of Certiorari or appropriate writ or order.
II) Issue a writ of mandamus or any other
appropriate Writ, order or direction,
commanding the respondents 1 & 2, either to
permit the petitioner to sell out the property
covered by Ext. P4 to the 3rd respondent or
enhance the reserve price of the said property
in tune with the present market value of the
property in area.
III) Issue a Writ of mandamus or any other
appropriate Writ, order or direction
commanding the respondents 1 & 2 to consider
Exts. P5 & P6, respetively, and pass orders
thereon, wtihin a time limit fixed by this
Hon'ble Court.
IV) Issue such other order or direction as this
Hon'ble Court may deem fit and proper,
2024:KER:67700
2024:KER:66208
including the awarding the cost of the
proceedings to the petitioner.
2. The secured asset was put on sale on 14.05.2024. The 4 th
respondent was successful in the bidding process and the bid has
been confirmed in his favour.
3. If the petitioner is aggrieved by the sale or issuance of sale
certificate in favour of the 4th respondent, the petitioner may take
recourse to the appropriate remedy as may be available to him
under the law. However, writ is not the remedy for the said
purpose and, therefore, the present writ petition is hereby
dismissed with liberty to the petitioner to take recourse to any
other remedy as may be available to him under the law.
Sd/-
DINESH KUMAR SINGH
JUDGE
Svn
2024:KER:67700
2024:KER:66208
APPENDIX OF WP(C) 19078/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE NOTICE OF SALE DT.
07.02.2024 WITH RESPECT TO THE 1ST ITEM OF
THE PROPERTY
EXHIBIT P2 A TRUE COPY OF THE NOTICE DT. 07.02.2024
WITH RESPECT TO THE SALE OF 2ND ITEM OF
PROPERTY
EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DT. 03.04.2024
IN W.P.(C). 7945 OF 2024
EXHIBIT P4 A TRUE COPY OF THE NOTICE DT. 22.04.2024
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER
EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DT.
23.05.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DT.
23.05.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
