Research › Search › Judgment

High Court of Kerala · body

2025 DAILYLAW 6159 (KER)

GANESH R.S, v. UNION BANK OF INDIA,

WP(C)/12568/2025 · 2025-04-04

Gopinath P

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:29314 W.P (C) No.12568/2025 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 12568 OF 2025 PETITIONER/S: GANESH R.S, AGED 33 YEARS S/O.RAJENDRAN, RESIDING AT THUNDIL BHAVAN, THIRUMULLAVARAM P.O., KOLLAM, PIN - 691012 BY ADVS. SREEHARI INDUKALADHARAN SOUDH N. NUJUM RESPONDENT/S: 1 UNION BANK OF INDIA, KOLLAM BRANCH 2ND FLOOR , BSNL TELEPHONE EXCHANGE, CHINNAKADA ,KOLLAM DISTRICT REPRESENTED BY CHIEF MANAGER , REGIONAL OFFICE , KOLLAM, PIN - 691001 2 THE BRANCH MANAGER/ AUTHORIZED OFFICE, UNION BANK OF INDIA,KOLLAM BRANCH N.K BUILDING, BEACH ROAD KOLLAM DISTRICT, PIN - 691001 OTHER PRESENT: SRI. A.S.P.KURUP, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29314 W.P (C) No.12568/2025 -2- J U D G M E N T The petitioner is an auction purchaser in respect of sale conducted by the respondent bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,2002 (hereinafter referred to as the SARFAESI Act). The petitioner has approached this court being aggrieved by the fact despite remitting the entire amount payable by the petitioner in terms of the auction sale, the sale certificate has not been issued to the petitioner. 2. The learned counsel for the respondent bank on instructions would submit that the sale certificate will be issued within a period of 10 days from today and the registration will also be completed at the cost of the petitioner. It is further submitted that the bank will also take steps to grant physical possession, if necessary, after initiating proceedings under Section 14 of the SARFAESI Act. 3. Considering the submission of the learned counsel for the petitioner, no further orders are necessary in this writ petition. Accordingly, this writ petition is closed, recording the submission of the learned counsel for the respondent bank. Sd/- GOPINATH P. JUDGE AMG 2025:KER:29314 W.P (C) No.12568/2025 -3- APPENDIX OF WP(C) 12568/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SALE NOTICE DATED 15.07.2022 Exhibit P2 A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 17.09.2022 Exhibit P3 A TRUE COPY OF THE EMAIL COMMUNICATION FROM THE RESPONDENT DATED 30.08.2022 Exhibit P4 A TRUE COPY OF THE JUDGMENT IN WPC NO 3560 OF 2023 OF THIS HON’BLE COURT DATED 09.06.2023 Exhibit P5 A TRUE COPY OF THE LEGAL NOTICE DATED 28.04.2023 Exhibit P6 A TRUE COPY OF THE LEGAL NOTICE ISSUED TO THE RESPONDENTS DATED 11.03.2025