Disposed

Mathai @ T.J. Mathew v. Managing Director, Union Bank of India

Kerala HC20 Feb 2024WP(C)/1049/2024

Case brief

AI extract

What is this about?

Petitioners challenged the sale of their secured asset by a bank. On hearing, counsel submitted the petitioners had obtained a copy of the Sale Certificate and sought liberty to move the Debts Recovery Tribunal. The court granted that liberty and disposed of the writ petition without deciding any substantive issue.

What did the court decide?

Liberty granted to petitioners to move the Debts Recovery Tribunal; writ petition disposed of.

Mathai @ T.J. Mathew Vs Managing Director, Union Bank of… — Banking and Recovery | Kerala HC (2024)

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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 N.NAGARESH

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TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945

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WP(C) NO. 1049 OF 2024

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PETITIONERS:

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1 MATHAI @ T.J. MATHEW AGED 81 YEARS S/O JOSEPH, THEKKANATH HOUSE, CHOORAKODE, PATTIMATTOM P.O, ERNAKULAM DISTRICT, PIN - 683562

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2 BENNY MATHEW AGED 48 YEARS S/O MATHAI @ T.J. MATHEW, THEKKANATH HOUSE, CHOORAKODE, PATTIMATTOM P.O, ERNAKULAM DISTRICT, PIN – 683582

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BY ADV RENNY AUGUSTINE

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RESPONDENTS:

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1 MANAGING DIRECTOR, UNION BANK OF INDIA, CENTRAL OFFICE, 239,VIDHAN VEEDHI, MUMBAI , MAHARASHTRA, PIN - 400021

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2 AUTHORIZED OFFICER UNION BANK OF INDIA, PUTHENCRUZ BRANCH, PUTHENCRUZ POST, ERNAKULAM DISTRICT, PIN - 682309

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3 REGIONAL MANAGER (ERNAKULUM RURAL), UNION BANK OF INDIA, PUKALAKATT BUILDING, THAMANAM ROAD, PALARIVATTOM, ERNAKULAM, KOCHI, PIN - 682025

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4 VILLAGE OFFICER, KIZHAKKABALAM VILLAGE OFFICE, KIZHAKKAMBALAM P.O, ERNAKULAM DISTRICT, PIN - 683562

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5JOHN JOSEPH
AGED 47 YEARS
S/O JOSEPH, THOTTUNGAL HOSE,
NEAR CHIRAMAL BHAGAVATHY TEMPLE,
KIZHAKKAMBALAM P.O,
ERNAKULAM, PIN - 683562

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WP(C) NO.1049 OF 2024

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¶18

6SIJI JOHN
AGED 45 YEARS
W/O JOHN JOSEPH, ATHOTTUNGAL HOSE,
NEAR CHIRAMAL BHAGAVATHY TEMPLE,
KIZHAKKAMBALAM P.O,
ERNAKULAM DISTRICT-, PIN – 683562

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BY ADVS.
ASP.KURUP-R1 TO R3
S.SUNIL KUMAR
LEKSHMI S.SEKHER(K/1238/2012)
K.J.SUNIL(K/248/2015)
FEMY M.ANTONY(K/272/2012)
SADCHITH.P.KURUP(K/1419/2002)
C.P.ANIL RAJ(K/872/2007)
SIVA SURESH(K/2688/2022)
RESHMA RAJ(K/1150/2021)
SRI.S.GOPINATHAN SR.GOVERNMENT PLEADER

¶20

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NO.1049 OF 2024

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JUDGMENT

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Dated this the 20^th day of February, 2024

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The writ petition was filed by the petitioner challenging

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the sale of the secured asset provided by the petitioner.

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When this writ petition came up for hearing today,

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counsel for the petitioners submits that the petitioners have

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obtained a copy of the Sale Certificate and the petitioners

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may be permitted to move the Debts Recovery Tribunal.

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Granting such liberty, the writ petition is disposed of.

Sd/-

N.NAGARESH

JUDGE

hmh

WP(C) NO.1049 OF 2024

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APPENDIX OF WP(C) 1049/2024

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PETITIONER EXHIBITS

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Exhibit-P1TRUE COPY OF THE POSSESSION NOTICE
DATED 25.5.2023 ISSUED UNDER RULE 8(1)
OF SECURITY INTEREST (ENFORCEMENT)
RULES
Exhibit-P2TRUE COPY OF THE REPRESENTATION DATED
24.7.2023 SUBMITTED TO 3RD RESPONDENT
Exhibit-P3TRUE COPY OF COMMUNICATION ISSUED BY
2ND RESPONDENT DATED 3.11.2023 TO THE
4TH RESPONDENT
Exhibit-P4TRUE COPY OF THE LETTER SUBMITTED TO
3RD RESPONDENT DATED 28.11.2023
Exhibit-P5TRUE COPY OF THE LETTER SUBMITTED TO
THE RESPONDENT BANK DATED 19.12.2023
Exhibit-P6TRUE COPY OF NOTICE UNDER SECTION 7
AND 34 OF KERALA REVENUE RECOVERY ACT
DATED 8.12.2023 ISSUED BY DEPUTY
TAHSILDAR, KUNNATHUNADU TALUK
Exhibit P7TRUE COPY OF THE REPLY DATED 5.1.2024
ISSUED BY THE 3RD RESPONDENT
Exhibit P8TRUE COPY OF THE SALE DEED DOCUMENT
NO.1148/2019 DATED 1.3.2019 OF SRO,
PUTHENCRUZ
Exhibit P9TRUE COPY OF THE ENCUMBERANCE
NO.1608/2024 DATED 25.1.2024

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RESPONDENT EXHIBITS

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`EXHIBIT R1A`	`A TRUE COPY OF THE DEMAND NOTICE DATED` `4.02.2023 ISSUED BY THE 1ST RESPONDENT`
`EXHIBIT R1B`	`A TRUE COPY OF THE DEMAND NOTICE` `PUBLISHED IN KERALA KAUMUDI DAILY` `DATED 9.3.2023`
`EXHIBIT R1C`	`A TRUE COPY OF THE PHOTOGRAPH SHOWING` `AFFIXTURE OF EXT.P1 NOTICE`
`EXHIBIT R1D`	`A TRUE COPY OF THE POSSESSION NOTICE` `PUBLISHED IN JANMABHUMI DAILY DATED`
	`31.5.2023`

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WP(C) NO.1049 OF 2024

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5

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EXHIBIT R1EA TRUE COPY OF THE POSSESSION NOTICE
PUBLISHED IN NEW INDIAN EXPRESS DAILY
DATED 31.5.2023
EXHIBIT R1FA TRUE COPY OF THE SALE NOTICE DATED
2.09.2023 ISSUED BY THE 1ST RESPONDENT
EXHIBIT R1GA TRUE COPY OF THE POSTAL RECEIPTS
EVIDENCING ISSUANCE OF EXHIBIT R1F
EXHIBIT R1HA TRUE COPY OF THE POSTAL
ACKNOWLEDGEMENT CARD SIGNED BY THE 1ST
PETITIONER
EXHIBIT R1IA TRUE COPY OF SALE NOTICE PUBLISHED
IN BUSINESS LINE DATED 9.9.2023
EXHIBIT R1JA TRUE COPY OF THE SALE NOTICE
PUBLISHED IN DEEPIKA DAILY DATED
9.9.2023
EXHIBIT R1KA TRUE COPY OF THE PHOTOGRAPH SHOWING
AFFIXTURE OF SALE NOTICE
EXHIBIT R1LA TRUE COPY OF THE SALE CERTIFICATE
DATED 30.10.2023 ISSUED BY PETITIONER
TO THE RESPONDENT 5 AND 6

Mathai @ T.J. Mathew v. Managing Director, Union Bank of India

Case brief

What is this about?

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Mathai @ T.J. Mathew v. Managing Director, Union Bank of India

Case brief

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