2025:KER:26078 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 43211 OF 2024 PETITIONER: BINDHU T, AGED 55 YEARS, W/O RAVEENDRAN T, R N NIVAS, 498, ALARKKATTUKONAM, KUNNATHUKAL,THIRUVANANTHAPURAM, PIN – 695504. BY ADV AMJATH A.R RESPONDENTS: 1 CANARA BANK, REPRESENTED BY ITS AUTHORISED OFFICER, RECOVERY SECTION, REGIONAL OFFICE, CARMEL TOWERS, VAZHUTHACAUD,THIRUVANANTHAPURAM, PIN – 695014. 2 SETHURAM, S/O SAJAYAN, 282, KUNCHUVILAKATHU VEEDU,THEMBAMUTTOM, BALARAMAOURAM P.O,THIRUVANANTHAPURAM, PIN – 695501. BY ADVS. GOPIKRISHNAN NAMBIAR M. ARAVIND S.S K.JOHN MATHAI(K/413/1984) JOSON MANAVALAN(J-526) KURYAN THOMAS(K/131/2003) PAULOSE C. ABRAHAM(MAH/58/2006) RAJA KANNAN(K/356/2008) AKHILA NAMBIAR(K/737/2021) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 43211 OF 2024 2 2025:KER:26078 JUDGMENT This writ petition was filed challenging the proceedings initiated by the respondent Bank to sell the property of the petitioner under the provisions of the SARFAESI Act to recover amounts due under credit facilities availed by the petitioner from the respondent Bank. 2. On 08.01.2025, this Court passed the following order:- “Having heard the learned counsel for the petitioner, the learned counsel for the respondent bank and the learned counsel for the 2nd respondent auction purchaser, I am of the view that the petitioner cannot now be permitted to pay the amount due under the loan availed by the petitioner to the bank and seek re-conveyance of the property which has been sold in auction under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The statutory right of redemption that the petitioner enjoyed has been lost. Considering the submissions made in court, I am of the view that the petitioner and the 2nd respondent can attempt mediation in order to see whether the 2nd respondent is willing to re-convey the property to the petitioner on such terms and conditions as can be mutually agreed between the petitioner and the 2nd respondent. Accordingly the petitioner and the 2nd respondent are directed to appear before the mediation centre attached to the Kerala High Court at 11 a.m on 15-01-2025 and attempt to settle the issue through mediation. Since the 1st respondent WP(C) NO. 43211 OF 2024 3 2025:KER:26078 bank has clearly no role in the matter any longer, I am of the view that the representative of the 1st respondent bank need not attend the mediation. List this matter for further consideration on 20-01-2025.” 3. The learned counsel appearing for the 2nd respondent auction purchaser would submit that the 2nd respondent is not willing to enter into any settlement with the petitioner and the property which he had purchased is proposed to be conveyed to third parties. 4. Having heard the learned counsel for the petitioner, the learned counsel appearing for the respondent Bank and the learned counsel appearing for the 2nd respondent and considering the fact that following amendments made to the SARFAESI Act, right of redemption is lost on publication of sale notice and in the light of the stand taken by the learned counsel for the 2nd respondent, I am of the view that no relief can be granted to the petitioner in this writ petition. The writ petition fails and it is accordingly dismissed reserving the liberty of the petitioner to seek statutory remedies, if so advised. Sd/- GOPINATH P. JUDGE DK WP(C) NO. 43211 OF 2024 4 2025:KER:26078 APPENDIX OF WP(C) 43211/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 07/08/2023 ISSUED BY THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF THE SALE NOTICE DATED 24- 09-2024 AFFIXED IN PETITIONER’S HOUSE Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 24-09-2024 Exhibit P4 TRUE COPY OF THE LETTER DATED 05-11-2024 ISSUED BY THE 1ST RESPONDENT