Chandhini K.K vs Authorised Officer
2025 Latest Caselaw 9896 Ker

Kerala High Court

Chandhini K.K vs Authorised Officer on 21 October, 2025

                                                          2025:KER:78236
W.P.(C). Nos.9847, 9973 & 10027 of 2021
                                            :1:



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
    TUESDAY, THE 21ST DAY OF OCTOBER 2025 / 29TH ASWINA, 1947
                             WP(C) NO. 9847 OF 2021
PETITIONER:


              CLEETUS FRANCIS
              AGED 62 YEARS
              S/O.FRANCIS, RESIDING AT TC 13/287, CLIFFY HOUSE,
              E.M.S NAGAR, PATTOOR, THIRUVANANTHAPURAM 695 035


              BY ADV SRI.S.SREEKUMAR (KOLLAM)

RESPONDENTS:

      1       AUTHORIZED OFFICER
              UNION BANK OF INDIA, UNION BANK BHAVAN, MAIN BRANCH
              M.G. ROAD, ERNAKULAM 682 035

      2       DEPUTY GENERAL MANAGER
              (DGM) UNION BANK OF INDIA, UNION BANK BHAVAN, MAIN
              BRANCH M.G.ROAD, ERNAKULAM 682 035

      3       THE VILLAGE OFFICER
              PEROORKADA VILLAGE, THIRUVANANTHAPURAM 695 010

      4       SUB REGISTRAR
              OFFICE OF THE SUB REGISTRAR, SASTHAMANGALAM,
              THIRUVANANTHAPURAM 695 010
                                                                2025:KER:78236
W.P.(C). Nos.9847, 9973 & 10027 of 2021
                                          :2:



  ADDL.5       *ADDL. 5. EMMAY INTERNATIONAL PROJECTS AND
              DEVELOPERS PRIVATE LIMITED
              DOOR NO:34/1000, N.H.47 EDAPALLY. P.O., PIN 682024,
              EDAPALLY NORT VILLAGE, KANAYANNOR TALUK, ERNAKULAM
              DISTRICT, REPRESENTED BY ITS DIRECTOR MR.S.R.JOY,
              S/O. SHADANAN, RESIDING AT JOY BHAVAN, VATTAPARA
              P.O., THIRUVANANTHAPURAM - 695028.

  ADDL.6      **ADDL.R6: JITHENDRA DIGAL
              CHIEF MANGER (RECOVERY), UNION OF INDIA, REGIONAL
              OFFICE, ERNAKULAM - 682035.

              ADDL. R5 & R6 ARE IMPLEADED AS PER ORDER DATED
              16.11.2021 IN IA NO.2/2021 & IA 5/2021 IN WPC
              9847/2021 RESPECTIVELY.


              BY ADVS.
              SRI.A.V.THOMAS (SR.)
              SHRI.K.P.SUDHEER
              SHRI.P.K.SURESHKUMAR
              SHRI.NIDHI SAM JOHNS
              SRI.LIJO JOSEPH (THOPPIL)
              SRI.A.KEVIN THOMAS
              SRI.P.K.SURESH KUMAR (SR.)



OTHER PRESENT:

              GP- NIMA JACOB


       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.10.2025,       ALONG     WITH     WP(C)NOS.9973/2021,   10027/2021,   THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                           2025:KER:78236
W.P.(C). Nos.9847, 9973 & 10027 of 2021
                                            :3:




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
    TUESDAY, THE 21ST DAY OF OCTOBER 2025 / 29TH ASWINA, 1947
                             WP(C) NO. 9973 OF 2021
PETITIONER:
              CHANDHINI K.K.
              AGED 61 YEARS
              W/O. MAHESH CHAND, RESIDING AT T. C. 9/89, LEKSHMI
              VILASOM, S. S. KOVIL LANE, KAUDIAR,
              THIRUVANANTHAPURAM - 695 003.

              BY ADV SRI.S.JIJI

RESPONDENTS:
    1     AUTHORISED OFFICER
          UNION BANK OF INDIA, MAIN BRANCH, UNION BANK
          BHAVAN, M. G. ROAD, ERNAKULAM - 682035.

      2       THE VILLAGE OFFICER
              THIRUMALA VILLAGE, THIRUVANANTHAPURAM - 695 006.

      3       SUB REGISTRAR
              OFFICE OF THE SUB REGISTRAR, CHALA,
              THIRUVANANTHAPURAM - 695036.



              BY ADVS. SRI.A.V.THOMAS (SR.)
              SHRI.NIDHI SAM JOHNS
              SRI.LIJO JOSEPH (THOPPIL)
              SRI.A.KEVIN THOMAS


       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.10.2025, ALONG WITH WP(C).9847/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                           2025:KER:78236
W.P.(C). Nos.9847, 9973 & 10027 of 2021
                                            :4:




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
    TUESDAY, THE 21ST DAY OF OCTOBER 2025 / 29TH ASWINA, 1947
                            WP(C) NO. 10027 OF 2021
PETITIONER:
              ABDUL RAHMAN NOUFAL . A.A
              AGED 24 YEARS
              S/O.ABDULLA.S.K., GSSNRA-199, NCC ROAD, PEROORKADA,
              THIRUVANANTHAPURAM-695 005.


              BY ADV SRI.C.R.JAYAKUMAR

RESPONDENTS:

      1       AUTHORISED OFFICER, UNION BANK OF INDIA,
              MAIN BRANCH, UNION BANK BHAVAN, M.G.ROAD,
              ERNAKULAM-682 035.

      2       CHIEF EXECUTIVE OFFICER,
              UNION BANK OF INDIA, CENTRAL OFFICE, UNION BANK
              BHAVAN, 239, VIDHAN BAHVAN, NARIMAN POINT, MUMBAI-
              400 021.

      3       CHIEF GENERAL MANAGER (RECOVERY),
              UNION BANK OF INDIA, CENTRAL OFFICE, UNION BANK
              BHAVAN, 239, VIDHAN BHAVAN, NARIMAN POINT,
              MUMBAI-400 021.

      4       GENERAL MANAGER,
              UNION BANK OF INDIA, CENTRAL OFFICE, UNION BANK
              BHAVAN, 239, VIDHAN BHAVAN, NARIMAN POINT,
              MUMBAI-400 021.

      5       THE VILLAGE OFFICER, THIRUMALA VILLAGE,
              THIRUVANANTHAPURAM-695 006.
                                                          2025:KER:78236
W.P.(C). Nos.9847, 9973 & 10027 of 2021
                                          :5:



      6       THE VILLAGE OFFICER, PEROORKADA VILLAGE,
              THIRUVANANTHAPURAM-695 006.

      7       SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR,
              CHALA, THIRUVANANTHAPURAM-695 036.

      8       SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR,
              SASTHAMANGALAM, THIRUVANANTHAPURAM-695 036.



              BY ADVS. SRI.A.V.THOMAS (SR.)
              SHRI.NIDHI SAM JOHNS
              SRI.LIJO JOSEPH (THOPPIL)
              SRI.A.KEVIN THOMAS



       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.10.2025, ALONG WITH WP(C)NOS.9847/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                         2025:KER:78236
W.P.(C). Nos.9847, 9973 & 10027 of 2021
                                          :6:



                           VIJU ABRAHAM, J.
         --     -- -- -- -- -- -- -- -- -- -- -- --
                W.P.(C) Nos.9847, 9973 & 10027 of 2021
         --     -- -- -- -- -- -- -- -- -- -- -- --
                 Dated this the 21st day of October, 2025

                                    JUDGMENT

All these writ petitions have been filed challenging the sale

conducted on 25.03.2021 by the respondent bank pursuant to an

auction notice, produced as Ext.P5 in W.P.(C)Nos.9847 & 10027 of

2021.

2. The essential contention raised by the petitioners is that

the auction has been conducted in violation of Rule 8 of the

Security Interest (Enforcement) Rules, 2002, which mandates that

the sale notice has to be published in two leading news papers, one

in Vernacular language having sufficient circulation in the locality.

The contention raised by the petitioner in W.P.(C)No.9847 of 2021

is that the sale notice has been published only in one newspaper,

having not much circulation in the State. Similar contentions are

also raised by the other writ petitioners.

3. A detailed counter affidavit has been filed by the 1 st

respondent bank in W.P.(C)No.9847 of 2021 submitting that the

petitioners herein come under the definition of 'persons aggrieved' 2025:KER:78236 W.P.(C). Nos.9847, 9973 & 10027 of 2021

in Section 17 of the SARFAESI Act, and therefore, they have an

alternative remedy to approach the Debt Recovery Tribunal, if they

are aggrieved by the auction sale conducted. In support of the said

contention, the 1st respondent relies upon the judgment in PHR

Invent Educational Society v. UCO Bank[2024 (6) SCC 579],

wherein after referring to various decisions on the point, the Apex

Court has held that the petitioner therein has an alternative

remedy of filing an appeal as provided under Section 17 of the

SARFAESI Act and that the writ petition filed under Article 226 of

the Constitution of India is not maintainable. It is further stated in

the counter affidavit that the auction is already over and confirmed

in the name of the auction purchaser. It is further stated that the

contention of the petitioners that there is violation of Rule 8 of the

Security Interest (Enforcement) Rules is also not correct, since the

sale notice has been published in two news papers, including the

New Indian Express Daily, as evident from Ext.R1(b). Further, it is

submitted by the learned counsel for the respondent bank that it is

the 6th auction conducted, since there is no bidders in the previous

auctions and after complying with the Rules and procedures, the

auction has been conducted and confirmed in the name of the 2025:KER:78236 W.P.(C). Nos.9847, 9973 & 10027 of 2021

auction purchaser and therefore, the writ petition is liable to be

dismissed.

4. Heard the rival contentions on both sides.

5. The primary contention raised is regarding violation of

Rule 8 of the Security Interest (Enforcement) Rules, 2002,

contending that the sale notice has been published only in one

news paper. It has come out in the counter affidavit that the sale

notice has also been published in the New Indian Express daily, as

evident from Ext.R1(b). Further, it is settled law that the

petitioners, being the aggrieved persons, as defined in Section 17

of the SARFAESI Act, can approach the Debt Recovery Tribunal, if

they are aggrieved by the sale conducted by the respondent bank.

Now, the sale has already been over and it was confirmed in the

name of auction purchaser. In view of the above, I find no reason

to interfere with the sale conducted by the respondent bank.

Accordingly these writ petitions are dismissed.

Sd/-

VIJU ABRAHAM JUDGE sm/ 2025:KER:78236 W.P.(C). Nos.9847, 9973 & 10027 of 2021

APPENDIX OF WP(C) 9847/2021

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P2 THE TRUE COPY OF THE DECLARATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE LETTER DATED 23.9.2020 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P4 THE TRUE COPY OF THE CHEQUE BEARING NO.005204 DATED 1.10.2020 EXHIBIT P5 THE TRUE COPY OF THE AUCTION NOTICE PUBLISHED IN THE DESABHIMANI DAILY. EXHIBIT P6 THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE GOVERNOR RESERVE BANK OF INDIA.

Exhibit P7 TRUE COPY OF THE SCREENSHOTS OF THE WHATSAPP MESSAGES SENT BY THE CHIEF MANAGER (RECOVERY)

RESPONDENTS'EXHIBITS EXHIBIT R1(a) TRUE COPY OF THE SALE NOTICE DATED 02.03.2020 PUBLISHED IN THE NEW INDIAN EXPRESS DAILY ON 11.03.2020 EXHIBIT R1(b) TRUE COPY OF THE SALE NOTICE DATED 04.03.2021 PUBLISHED IN THE NEW INDIAN EXPRESS DAILY ON 07.03.2021 2025:KER:78236 W.P.(C). Nos.9847, 9973 & 10027 of 2021

APPENDIX OF WP(C) 9973/2021

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE LETTER DATED 24.09.2020 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P2 THE TRUE COPY OF THE AUCTION NOTICE PUBLISHED IN THE DESABHIMANI DAILY DATED 8.3.2021.

EXHIBIT P3 THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE GOVERNOR RESERVE BANK OF INDIA DATED 7.4.2021.

2025:KER:78236 W.P.(C). Nos.9847, 9973 & 10027 of 2021

APPENDIX OF WP(C) 10027/2021

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P2 THE TRUE COPY OF THE REQUEST MADE THROUGH E-MAIL TO THE CHIEF EXECUTIVE OFFICER. EXHIBIT P3 THE TRUE COPY OF REQUEST MADE TO THE GM(RECOVERY).

EXHIBIT P4 THE TRUE COPY OF THE MAIL SEND TO THE CHIEF GENERAL MANAGER.

EXHIBIT P5 THE TRUE COPY OF THE AUCTION NOTICE PUBLISHED IN THE DESABHIMANI DAILY. EXHIBIT P6 THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE GOVERNOR RESERVE BANK OF INDIA.