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2018 Supreme(Ker) 76

P.B.SURESH KUMAR
K. T. Unnikrishnan – Appellant
Versus
Authorised Officer, U. C. O Bank, Ernakulam – Respondent


Advocates Appeared:
For the Petitioner:Ajeesh S. Brite, Advocate.
For the Respondent:K. Deepak Joy, S.C., G. Ranju Mohan, Advocate.

JUDGMENT :

1. Petitioner was the guarantor to a loan availed by respondents 3 to 6 from the Willington Island branch of UCO bank (the bank). The petitioner has also mortgaged an item of property owned by him to secure the repayments of the said loan. When respondents 3 to 6 committed defaults in remitting the dues of the loan, proceedings have been initiated by the bank against the security, viz, the property mortgaged by the petitioner under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the Act) and brought the property for sale. Ext.P1 is the sale notice issued by the authorised officer of the bank in this connection. Pursuant to Ext.P1 sale notice, the property of the petitioner was sold to additional respondents 7 to 11 on 3.11.2017 for a sum of Rs.85,60,000/-. Consequent to the sale, on the same day, additional respondents 7 to 11 remitted 25% of the sale consideration, viz, Rs.21,40,000/- to the bank and the balance sale consideration viz Rs.64,20,000 was remitted by them to the bank on 4.1.2018. The petitioner challenged Ext.P1 sale notice before the Debts Recovery Tribunal in S.A.No.254 of 2017. Later, the petitione














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