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K.VINOD CHANDRAN
Bio Research Pharmaceuticals – Appellant
Versus
State Bank of Travancore – Respondent


Counsel for the Parties:
For the Petitioners:Sri.S.Easwaran, M.A.Augustine, P.Muraleedharan (Irimpanam), Advocates
For the Respondent No.1:Sri.T.Sethumadhavan (Senior Advocate), Sri.K.Jayesh Mohankumar, Advocate
For the Respondent No.2:Sri.Pushparajan Kodoth, Sri.Elvin Peter P.J., Sri.K.R.Ganesh, Sri.C.A.Anoop, Advocates
For the Respondent No.3: Assistant Solicitor General of India, Sri.N.Nagaresh

JUDGMENT

K. Vinod Chandran, J.—Both the Original Petitions arise on similar circumstances, from two separate orders, both dated 21.01.2015; in appeals disposed of by the Debts Recovery Tribunal, Ernakulam [Kerala and Lakshadweep] [for brevity “DRT”], produced as Exhibit P5 in the respective Original Petitions; in Appeal Nos.4 of 2013 and 3 of 2013. The 1st petitioners in both the Original Petitions, borrowers from the very same Bank, are two different firms; represented by a husband and wife, who are 2nd and 3rd petitioners in both the Original Petitions and their son, the 4th respondent in O.P.(DRT) No.12 of 2015; being the partners of the two firms. The purchaser also is the very same individual, who is impleaded as the 2nd respondent in both the Original Petitions.

2. The sale challenged before the DRT arises from DRC Nos.395/SBT and 517/SBT, of three properties, all situated in Kunnamkulam Village, Thalappilly Taluk, Thrissur District. Three different properties were sold, one under DRC 395/SBT and the other two under DRC 517/SBT. But for the separate proceedings the proclamation of sale and the other proceedings leading to the sale were on identical dates and the facts are sim













































































































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