Dismissed

A.a.Lenin v. the Thrissur District Co-Operative Bank Ltd.

Kerala HC19 Nov 2013WP(C)/26952/2013

Case brief

AI extract

What is this about?

Court directed the bank to re-conduct the sale of two property lots. Petitioner permitted to reoccupy the house only if no bidder emerges for either lot and the proceeds of the first lot fully satisfy the debt.

What did the court decide?

Directed bank to re-conduct sale of two lots within two months; petitioner permitted to reoccupy house if no bid for either lot and proceeds of first lot suffice.

A.a.Lenin Vs the Thrissur District Co-Operative Bank Ltd. — Banking and Recovery | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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TUESDAY, THE 19TH DAY OF NOVEMBER 2013/28TH KARTHIKA, 1935

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WP(C).No. 26952 of 2013 (T)

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PETITIONER(S):

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A.A.LENIN, AGED 45 YEARS, S/O.APPUNNI, RESIDING AT ARANGATH HOUSE, THRITHELLUR P.O., VIA VADANAPPILLY, THRISSUR DISTRICT.

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BY ADVS.SRI.O.V.MANIPRASAD SRI.SAJU J PANICKER SRI.JOLLY GEORGE

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RESPONDENT(S):

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1. THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD., SAHAKARANA SADABDHI MANDIRAM, KOVILKATHUMPADAM, THIRUVAMBADY P.O. THRISSUR - 680 022. REPRESENTED BY ITS GENERAL MANAGER.

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2. THE BRANCH MANAGER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., VATANAPPILLY BRANCH, VATANAPPILLY P.O., THRISSUR DISTRICT - 680 614.

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3. THE AUTHORIZED OFFICER,

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THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD., SAHAKARANA SADABDHI MANDIRAM, KOVILAKATHUMPADAM, THIRUVAMBADY P.O., THRISSUR - 680 022.

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R1-R3 BY ADV. SRI.C.A.MAJEED, SC, THRISSUR DISTRICT CO.OP. BANK

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 26952 of 2013 (T)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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EXT.P-1: THE TRUE COPY OF THE NOTICE SENT TO THE PETITIONER.

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EXT.P-2: THE TRUE COPY OF THE ORDER IN CMP 8834/2011 OF THE CHIEF JUDICIAIL MAGISTRATE COURT, THRISSUR.

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EXT.P-3: A TRUE COPY OF ORDER DATED 20.12.2011 IN IA NO. 2905/2011 IN SA NO.798 OF 2011.

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EXT.P-4: TRUE COPIES OF THE RECEIPT SHOWING THE PAYMENT OF RS.1,50,000/ON 28.1.2012.

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EXT.P-5: A TRUE COPY OF THE ORDER DATED 13.3.2012.

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EXT.P-6: TRUE COPIES OF THE RECEIPT SHOWING THE PAYMENT OF RS.1,50,000/ON 29.3.2012.

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EXT.P-7: A TRUE COPY OF THE DETAILS OF THE AMOUNT OVER DUE.

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EXT.P-8: A TRUE COPY OF THE JUDGEMENT DATED 26.3.2013 IN WPC NO.8623/2013 OF THIS HON'BLE COURT.

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EXT.P-9: A TRUE COPY OF THE NOTICE FOR SALE DATED 17.6.2013 OF THE 3RD RESPONDENT.

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EXT.P-10: A TRUE COPY OF THE JUDGEMENT DATED 12.7.2013 IN WPC NO.17419/2013.

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EXT.P-11: A TRUE COPY OF THE PLAN.

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EXT.P-12: A TRUE COPY OF THE REPRESENTATION DATED 23.8.2013 TO THE 3RD RESPONDENT.

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EXT.P-13: A TRUE COFPY OF THE JUDGEMENT DATED 2.9.2013 IN WPC NO.21589 OF 2013.

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EXT.P-14: A TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

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EXT.P-15: A TRUE COPY OF SALE NOTICE DATED 13.9.2013 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

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EXT.P-16: A TRUE COPY OF THE LETTER DATED 24.9.2013 OF THE 2ND RESPONDENT.

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RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

P.A TO JUDGE

V.CHITAMBARESH,J.

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------------------------------W.P.(C) No.26952 of 2013

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--------------------------------------- Dated this the 19^th day of November, 2013

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J U D G M E N T

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This is the third writ petition being filed suggesting the mode of sale of the property under the SARFAESI Act. This Court by Ext.P10 judgment in W.P.(C.) 17419/2013 permitted the petitioner to move the authorised officer under Rule 8(5) of the Security Interest (Enforcement) Rules, 2002 . This Court by Ext.P13 judgment in W.P.(C) 21589/2013 permitted the bank to sell the property in two lots of 22 cents and 10 cents respectively. The fact remains that the petitioner has been dispossessed from his house and there was no bidder for 10 cents of land in the sale conducted on 25.10.2013.

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I direct the second respondent bank to again conduct sale of the 22 cents and the 10 cents of land within a period of two months from today. The 10 cents of vacant plot shall be proclaimed for sale as lot No. 1 and the 22 cents of land with the house shall be proclaimed for sale as lot No.2. Both lot Nos. 1 and 2 shall be proclaimed for sale on the same date and on the same

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W.P.(C) No.26952 of 2013

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venue.

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Lot No.2 need be sold only if the sale proceeds of lot No.1 are insufficient to satisfy the debt. The petitioner shall be permitted to reoccupy the house subject to the following two conditions.

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i) No bidder comes forward for purchase of lot Nos. 1 and 2 in the sale again conducted.

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ii)The sale proceeds of lot No.1 itself has been found

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to be sufficient to discharge the whole debt.

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The writ petition is disposed of.

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V.CHITAMBARESH JUDGE

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jm/

A.a.Lenin v. the Thrissur District Co-Operative Bank Ltd.

Case brief

What is this about?

What did the court decide?

A.a.Lenin v. the Thrissur District Co-Operative Bank Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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