The petitioner, an auction purchaser, challenged the cancellation of the auction by the Bank via writ petition. The Court held that since the Bank cancelled the auction based on the petitioner's request, the action lacked illegality, and the petition was dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 14TH DAY OF JULY 2015/23RD ASHADHA, 1937
WP(C).No. 83 of 2009 (I)
PETITIONER:
P.A.LALAN THARAKAN, 5/68, PARAYIL HOUSE, AROOR, CHERTHALA, ALAPPUZHA.
BY ADV. SRI.BABU PAUL.
RESPONDENTS:
1. CANARA BANK, R & L SECTION, REGIONAL OFFICE, II ND FLOOR, SHENOY CHAMBERS, SHAMUGHAM ROAD, ERNAKULAM, KOCHI-31.
2. CANARA BANK, BAZAR ROAD, POST BOX.NO.125, MATTANCHERRY, COCHIN-2.
*3 REKHA AGARWAL, VIII/547, OPPOSITE T.D. HIGH SCHOOL, MATTANCHERRY VILLAGE, KOCHI TALUK, KOCHI -2.
*IS IMPLEADED AS ADDL. RESPONDENT AS PER ORDER DATED 20/1/09 IN I.A.594/09.
R1 & R2 BY SRI.P.GOPINATH MENON, S.C.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Prv/2.
WP(C).NO. 83 OF 2009 (I)
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE.
Prv/2.
A. MUHAMED MUSTAQUE, J.
W.P(C). No. 83 of 2009
Dated this the 14th day of July, 2015
J U D G M E N T
The petitioner was an auction purchaser. Petitioner has approached this Court, pursuant to sale conducted by the Bank, initiating SARFAESI proceedings. Petitioner challenges
cancellation of the auction in favour of him.
of the 3rd respondent. The 3rd respondent was also impleaded in the writ petition.
WP(c). No.83/2009
2
06.08.2007. Petitioner has no case that he has paid the full amount. As per the statutory Rules, the petitioner has to deposit the amount within 15 days. In fact, on account of default of the payment itself, the Bank is entitled to forfeit the amount. Further it is seen from the proceedings that, the Bank has returned the amount to the petitioner based on his request.
There is no merit in this writ petition, accordingly, it is dismissed.
Sd/-
A. MUHAMED MUSTAQUE, JUDGE.
Pn
1 issue framed by the court
Whether the Bank acted illegally in cancelling the auction proceedings after the petitioner's request.
P.A. LALAN THARAKAN
CANARA BANK, R & L SECTION
CANARA BANK, BAZAR ROAD
REKHA AGARWAL
A. MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
