Dismissed

Anesh George v. the Chief Manager

Kerala HC28 Sept 2011WP(C)/17226/2011

Case brief

AI extract

What is this about?

Petitioner sought registration of a sale certificate obtained in an auction by the respondent bank. The court held the sale certificate required no registration because the sale was cancelled and the bidder refunded due to a prior court order permitting instalment payment by the original defaulter.

What did the court decide?

Writ petition dismissed; no direction for registration of sale certificate granted.

Anesh George Vs the Chief Manager — Execution and Attachment | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933

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WP(C).No. 17226 of 2011(C)

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----------------------------------------

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PETITIONER(S):

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-----------------------

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ANESH GEORGE, T.C. 46/559, NEAR CONVENT, POONTHURA, THIRUVANANTHAPURAM.

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BY ADV. SRI.B.KRISHNA MANI

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RESPONDENT(S):

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---------------------------

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THE CHIEF MANAGER AND AUTHORISED OFFICER, ALLAHABAD BANK, GAYATHRI BUILDING, POWER HOUSE ROAD, THIRUVANANTHAPURAM-36.

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*** ADDL. R2 IMPLEADED**

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ADDL. R2: PRASANNA KUMARY P., W/O.LATE A.S. PRAKASHAN, T.C.41/231, NEAR KRUIATHI LPS, KURIATHI, THIRUVANANTHAPURAM.

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*** ADDL. R2 IS IMPLEADED AS PER ORDER DATED 06/09/2011 IN I.A.14526/2011.**

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R1 BY ADV. SRI.P.G.G. UNNIKRISHNAN, SC., ADV. SRI.VIVEK VARGHESE P.J., ADV. SRI.VARUGHESE M EASO. ADDL. R2 BY ADV. SRI.K.T.SHYAMKUMAR.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 17226 of 2011(C)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1: COPY OF THE PAPER PUBLICATION IN THE NEWS PAPER ''THE HINDU'' IN ITS EDITION DATED 11/04/2011.

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EXT.P2: COPY OF THE COMMUNICATION DATED 16/05/2011 ISSUED BY THE RESPONDENT.

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EXT.P3: COPY OF THE RECEIPT DATED 16/05/2011.

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EXT.P4: COPY OF THE RECEIPT DATED 17/05/2011.

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EXT.P5: COPY OF THE DOCUMENT DATED 03/12/1994.

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EXT.P6: COPY OF THE SALE CERTIFICATE DATED 04/06/2011.

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EXT.P7: COPY OF THE DOCUMENT.

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EXT.P8: COPY OF THE FILING SHEET FILED BEFORE THE LOCAL SUB REGISTRAR OFFICE.

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EXT.P9: COPY OF THE REPRESENTATION DATED 15/06/2011.

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EXT.P10: COPY OF THE POSTAL ACKNOWLEDGMENT RECEIPT.

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RESPONDENT'S EXHIBITS & ANNEXURES:-

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EXT.R1(a): COPY OF THE JUDGMENT DATED 04/01/2011 IN WP(C) NO. 29104/2010 OF THIS HONOURABLE COURT.

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EXT.R1(b): COPY OF THE CHEQUE NO.006171 DATED 16/05/2011.

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EXT.R1(c): COPY OF THE CHEQUE NO.006172 DATED 17/05/2011.

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EXT.R1(d): COPY OF THE ORDER DATED 20/05/2011, IN I.A. NO.7485/2011 IN WP(C) NO. 29104/2010 OF THIS HONOURABLE COURT.

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EXT.R1(e): COPY OF THE DEMAND DRAFT NO.000240 DATED 25/05/2011.

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EXT.R1(f): COPY OF THE LETTER DATED 15/06/2011 BY THE RESPONDENT TO THE PETITIONER.

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EXT.R1(g): COPY OF THE BANKERS CHEQUE NO.103940 DATED 15/06/2011 FOR Rs.18 LAKHS.

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EXT.R1(h): COPY OF THE RETURNED COVERS CONTAINING EXHIBIT R1(f) AND R1 (g).

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WP(C).No. 17226 of 2011(C)

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ANNEXURE 1: COPY OF THE JUDGMENT IN WP(C) NO. 29104/2010 DATED 04/01/2011.

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ANNEXURE 2: COPY OF THE ORDER DATED 20/05/2011 IN I.A. NO.7485/2011 IN WP (C) NO. 29104/2010.

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ANNEXURE 3: COPY OF THE DEMAND DRAFT DATED 25/05/2011 FOR Rs.16,38,000/DRAWN IN FAVOUR OF ALLAHABAD BANK ALONG WITH THE COVERING LETTER.

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ANNEXURE 4: COPY OF THE LAWYER NOTICE DATED 22/06/2011.

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ANNEXURE 5: COPY OF THE REPLY DATED 05/07/2011 ISSUED BY THE RESPONDENT BANK.

//TRUE COPY//

P.A. TO JUDGE

ANTONY DOMINIC, J. ================ W.P.(C) NO. 17226 OF 2011

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=====================

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Dated this the 28^th day of September, 2011

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J U D G M E N T

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Petitioner says that he is the highest bidder in an auction of immovable property held by the respondent Bank. According to him, the sale was concluded and in this writ petition his grievance is that the sale certificate has not been registered by the Sub Registrar. It is therefore, the writ petition has been filed seeking a direction to the respondents to duly register Ext.P7 sale certificate before the Sub Registrar's Office, Killippalam in Trivandrum District.

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A counter affidavit has been filed by the Senior Manager of the 1^st respondent Bank. It is stated that although the petitioner has paid the entire amount by 17/5/11, the defaulter had filed WP(C) No. 29104/10 before this Court, where this Court passed Ext.R1(a) judgment permitting the defaulter to pay the liability in instalments. It is stated that subsequently, the liability has been discharged in terms of the orders passed by this Court and accordingly the sale in favour of the petitioner has been cancelled and that the same has been communicated to the

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WPC No. 17226/11

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:2 :

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petitioner. Documents in support of these averments have been produced along with the counter affidavit, which also show that by Ext.R1(g), cheque has been issued to the petitioner refunding the amount paid by him. The aforesaid facts are not disputed. In the circumstances, there arise no question of directing registration of the sale certificate as sought for by the petitioner.

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Although the petitioner claims to have suffered damages to be compensated, those are matters which are outside the scope of the writ petition and therefore are left open.

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Writ petition is dismissed.

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ANTONY DOMINIC, JUDGE

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Anesh George v. the Chief Manager

Case brief

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Anesh George v. the Chief Manager

Case brief

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