Writ petition for directions to set aside auction proceedings dismissed. Court held no jurisdictional error as respondents already deposited margin money.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930
WP(C).No. 28805 of 2008(D)
PETITIONER:
MRITHULA JAYADEEP, AGED 34 YEARS, W/O. JAYADEEP, PALLIPARABIL HOUSE, KOVILAKATHUMKADAVU, PALLIPORT POST.
BY ADV. SRI.N.K.MOHANLAL
RESPONDENT(S):
ADV. SRI.DEVAN RAMACHANDRAN FOR R1
SRI.SUMESH KUMAR N.C. FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THOTTATHIL B. RADHAKRISHNAN, J.
W.P.(C) NO.28805 OF 2008 (D)
Dated this the 20th day of October, 2008
J U D G M E N T
Read the order dated 26-9-2008 issued at the stage of admission. Though the petitioner was required to demonstrate her bonafides by depositing Rs.10 lakhs, she states that respondents 4 and 5, the principal borrowers, have deposited Rs.4.5 lakhs. As already recorded in that order, the materials on record apparently show that the petitioner had offered a collateral security in her own interest and there is no reason why discretionary jurisdiction of this Court should be extended to the petitioner to preserve the property. If respondents 3 and 4 come to the aid of the petitioner to pay a portion of the property, they could be persuaded by the petitioner to pay remaining portion also. I do not find any jurisdictional error or legal infirmity in the impugned proceedings. The writ petition fails and the same is accordingly dismissed.
Sd/-
THOTTATHIL B. RADHAKRISHNAN, JUDGE
skr/23/10
// True copy //
P.A. to Judge.
MRITHULA JAYADEEP
ASSISTANT GENERAL MANAGER, AUTHORISED OFFICER, BANK OF BARODA, ALUVA
BRANCH MANAGER, BANK OF BARODA, ALUVA
MR.SIVASANKARAN P.
MR. JOY MATHEW.K.
THOTTATHIL B.RADHAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
