JUDGMENT :

The petitioner-Bank seeks to direct respondents 1 and 2 to efface the attachments made after the date of mortgage effected by the 3rd respondent.

2. The petitioner states that one Bhama Ramaswamy along with others availed a housing loan aggregating Rs.45,17,160/-for the purchase of an apartment with car parking in Muthoot Tower together with undivided share of land situated in Ernakulam Village. The property was mortgaged to the Bank. When the borrowers failed to service the loan account, the loan account was declared as NPA on 11.05.2018.

3. The Bank initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Section 13(2) notice was issued. The possession of the property was taken over on 14.03.2022 with the aid of an order of the Additional Chief Judicial Magistrate's Court, Ernakulam under Section 14 of the Act, 2002.

4. The Bank issued Ext.P4 pre-sale notice dated 15.02.2022. Ext.P5 e-auction notice was published on 16.06.2022. There were no bidders initially. However, in the fourth e-auction held on 30.12.2023, one Venugopal N. participated in the auction and emerged as highest bidder. The sale w