Monisha. M Vs Debt Recovery Tribunal II Ernakulam

High Court Of Kerala 1 Oct 2024 Original Petition (DRT) NO. 297 OF 2024 (2024) 10 KL CK 0032
Bench: Single Bench
Result Published

Judgement Snapshot

Case Number

Original Petition (DRT) NO. 297 OF 2024

Hon'ble Bench

Dinesh Kumar Singh, J

Advocates

Raj Carolin V., Sunil Shankar

Final Decision

Disposed Of

Judgement Text

Translate:

Dinesh Kumar Singh, J.

1. The petitioner is the auction purchaser of the secured assets which includes land admeasuring 4.15 Ares along with building having a total area of

1642 Sq. Ft. bearing Door Nos. KC XV â€" 1789 & 1790 of Kollam Corporation and all other improvements, easementary rights existing and

appurtenant thereon situated in Sy. No. 1952/6, Re. Sy. 428/13 of Kilikolloor Village, Kollam Taluk, Kollam District and owned by late Mr. Benjamin

Joseph and Mrs. Theresa Benjamin, more fully described in Sale Deed No. 3806/2000 dated 16/11/2000 of Sub Registrar Office Kilikolloor and

bounded on the North by property of Nasriya, on the East way, on the South Property of Benny and on the West Property of Abraham for an amount

of 55,96,000/- (Rupees Fifty Five Lakhs Ninety-Six Thousand only). This property was put to sale in auction by the respondent Bank to recover its

dues from respondent Nos. 3 to 5. The petitioner was successful bidder and he had paid the entire bid amount of Rs. 55,96,000/- to the Bank.

2. In the meantime, the respondents 3 to 5 had filed SA No. 449 of 2023 before the DRT â€" II, Ernakulam along with IA No. 2611 of 2024 and the

Tribunal vide order dated 19.07.2024 has granted interim order in Exhibit P-3. The Tribunal has directed the issuance of sale certificate in favour of

the petitioner. The petitioner had moved an application for impleadment in Exhibit P-6 before the Tribunal. However, no decision has been taken on

the said application. In the meantime, the matter has been referred to the Mega Lok Adalath which is scheduled to be held on 05.10.2024.

3. The learned Counsel for the petitioner submits that the petitioner is an affected party inasmuch as she has paid the entire bid amount in respect of

the sale conducted by the Bank of the secured assets and, if the petitioner is not heard in the Mega Lok Adalath scheduled to be held on 05.10.2024,

her rights and interests likely to be affected.

4. The learned Counsel for the Bank does not have any objection for the relief sought for by the petitioner to be heard in the Mega Lok Adalath

scheduled to be held on 05.10.2024.

5. In view thereof, considering that the petitioner has already paid the entire sale consideration in respect of the secured assets which were put to

auction by the Bank, the petitioner is an affected party and, therefore, the petitioner should also be heard in the Mega Lok Adalath which is scheduled

to be held on 05.10.2024 before taking any decision in the matter.

With the above observation and direction, the present original petition is hereby disposed of.

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