Petitioners challenged a sale order by the Debt Recovery Tribunal alleging the property was sold for a paltry sum. The Court found no material irregularity and no evidence of gross undervaluation, dismissing the writ petition.
Writ petition dismissed; no fresh sale ordered.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 7TH DAY OF NOVEMBER 2016/16TH KARTHIKA, 1938
WP(C).No. 2861 of 2009 (N) ---------------------------
PETITIONER(S):
1. MR. ALEX VARGHSE, AGED 40 YEARS, S/O. K.C. VARGHESE, CHOORAPADIYIL HOUSE, PAMBANAR P.O., PEERMADE.
2. MRS. SOJIYA ALEX, AGED 32, W/O. ALEX VARGHESE, CHOORAPADIYIL HOUSE, PAMBANAR P.O., PEERMADE.
BY ADV. SRI.S.SACHITHANANDA PAI
RESPONDENT(S):
1. RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, ERNAKULAM. 2. STATE BANK OF INDIA, ELAPPARA BRANCH,ELAPPARA. 3. T.M. SHAFFI, S/O. M.B. MAJEED, CHENGANTHARA HOUSE, THAMMANAM P.O., KOCHI -32. 4. KOCHURANI JOSE, W/O.K.A. BABY, KANJIRATHINKAL, HOUSE, KANJIRAMATTOM. * ADDL.R5 IMPLEADED 5. UNION OF INDIA, REP.BY SECRETARY, MINISTRY OF FINANCE, NEW DELHI. ADDL.R5 IS IMPLEADED AS PER ORDER DATED 11/3/2009 IN IA.3514/2009. R2 BY ADV. SRI.R.S.KALKURA R3 BY ADV. SRI.K.PRAVEEN KUMAR R4 BY ADV. SRI.K.N.CHANDRABABU R5 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 2861 of 2009 (N)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 COPY OF THE PETITION DATED 26/11/08 FILED BEFORE THE R1 EXHIBIT P2 COPY OF THE OBJECTION DATED 12/12/08 FILED BEFORE THE R1 BY THE R2 EXHIBIT P3 COPY OF THE ORDER PASSED BY THE R1 DATED 17/12/08.
RESPONDENT(S)' EXHIBITS
NIL. / TRUE COPY /
P.S. TO JUDGE
PJ
A.M.SHAFFIQUE, J.
W.P.(C).No.2861 of 2009
----------------------------------- Dated this the 7th day of November, 2016
J U D G M E N T
The petitioners have approached this Court challenging Ext.P3 order dated 17.12.2008 issued by the 1st respondent, recovery officer, Debts Recovery Tribunal. The petitioners also seek for a direction to the 1st respondent to conduct a fresh sale in DRC No.1664 in O.A.No.394/2003 of the Debts Recovery Tribunal, Ernakulam.
W.P.(C).No.2861 of 2009
2
W.P.(C).No.2861 of 2009
3
Taking into consideration, the aforesaid factual situation, I don't think that the petitioners are entitled for any relief as sought for and hence this writ petition is dismissed.
Sd/-
A.M.SHAFFIQUE, JUDGE.
AV
1 issue framed by the court
Whether the writ petition challenging the sale of property by the Debts Recovery Tribunal due to alleged material irregularity should be allowed.
Mr. Alex Varghse
Mrs. Sojiya Alex
Recovery Officer, Debt Recovery Tribunal, Ernakulam
State Bank of India, Elappara Branch
T.M. Shaffi
Kochurani Jose
A.M.Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
