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2019 Supreme(Ker) 104

HRISHIKESH ROY, A.K.JAYASANKARAN NAMBIAR
Ratheesh – Appellant
Versus
Debt Recovery Tribunal (Kerala and Lakshadweep) – Respondent


Advocates Appeared:
For the Petitioners: S. Dileep (Kallar), Peeyus A. Kottam & Titus Mani.
For the Respondents:Government Pleader (Tek Chand), K. Arjun Venugopal, P. Martin Jose, S.R. Dayananda Prabhu, Mary Reshma George, P.M. Mazna Mansoor, Sandhya R. Nair, Jeevan Rajeev, M.A. Mohammed Siraj, P. Chandrasekhar, P. Prijith, Sachin Jacob Ambat, Thomas P. Kuruvilla & T. Rajesh For Respondents

JUDGMENT :

A.K. JAYASANKARAN NAMBIAR, J.

As the aforementioned Writ Petition and O.P.(DRT) involve a common issue, they are taken up together for consideration and disposed by this common judgment. For the sake of convenience, the reference to facts and exhibits is from W.P.(C).No.30651/2017, which is filed by Sri. Ratheesh M.N., who is stated to be the auction purchaser of property comprising of 18.200 cents in Sy.No.648/7/3 of Thrikkakkara North Village, pursuant to a public-e-auction conducted in accordance with the Recovery certificate dated 9.9.2005 issued consequent to the final order of the Debts Recovery Tribunal in O.A.No.6/2005.

2. The brief facts necessary for a disposal of these cases is that, one A.R. Sajan (borrower) and Sri. M.V. Shaji (guarantor), who are arrayed as respondents 6 and 7 in W.P.(C).No.30651/2017, had availed a loan from the Lord Krishna Bank (subsequently taken over by the HDFC Bank, the 5th respondent) by depositing the title deeds in respect of the property aforementioned. Consequent to a default committed by the said persons, in repaying the amounts due to the bank, the bank filed O.S.No.39/1999 against the said defaulters, for recovering the loan amo


























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