J U D G M E N T

Dated this the 12^th day of February, 2024 The petitioner is the 3^rd respondent in O.A.No.338 of

2021 on the file of the Debts Recovery Tribunal-1, Ernakulam. The O.A was filed by the Bank for recovery of amount due from the petitioner and the guarantor, the wife of the petitioner. The 4^th respondent is the purchaser of the property in the auction sale. Respondents 2 and 3 are the claimants in the O.A. These claim petitions are pending before the Debts Recovery Tribunal. It is submitted that during the pendency of the O.A, the Bank initiated recovery steps under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

2. The property is put for sale. The petitioner is ready to discharge the liability and had approached several times to the Bank. The Bank did not permit the petitioner to pay the amount due and release the property. The Bank proceeded further and in collusion with a forged company, the property was sold for a meager amount of ₹1,42,00,000/-. The sale was not intimated to the petitioner.

3. In the meanwhile, the petitioner has approached the trial court on several occasions and the petitioner came to know of the