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2020 Supreme(Ker) 57

S.MANIKUMAR, SHAJI P.CHALY
Rajesh Sivasankara Pillai – Appellant
Versus
Federal Bank Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Sri. Titus Mani, Sri. Binny Thomas, Sri. P.A. Jacob, Advs.
For the Respondent: Sri. A. Antony, Sri. K. Sasikumar, Adv.

JUDGMENT :

S.Manikumar, J.

Instant writ appeal is filed against the judgment in W.P.(C) No.14992 of 2019 dated 20th June, 2019, by which the writ court held that while the banks and financial Institutions will have to follow Rule 9(1) of the Security Interest (Enforcement) Rules, 2002 in its letter and spirit, for sale of a secured asset/s at the “the first instance”, when it comes to such sale on a subsequent instance, on account of the first attempt failing, then the provisions of Rule 8(6) read with the proviso to Rule 9(1) of the Rules would alone apply; and axiomatically, the requirement for the Bank in having to wait for 30 days after the publication of the public notice under Rule 8(6) is not attracted for such sale.

2. Short facts of the case are as follows:-

Appellants have availed four loans to the tune of Rs.12,47,00,000/- against 6 parcels of immovable property having a total extent of 968.91 cents in Kottarakara town during the years 2012 to 2015 from Federal Bank, Thiruvananthapuram, respondent No.1, and offered certain properties as secured assets. Since the appellants committed default, Bank initiated recovery proceedings under the SARFAESI Act, 2002 and took possession

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