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2024 Supreme(Online)(KER) 24749

HIGH COURT OF KERALA
A. Muhamed Mustaque, S.MANU, JJ
M/S. KERALA TRANSPORT COMPANY – Appellant
Versus
AJMAL K.V – Respondent


Advocates:
BIJU ABRAHAM B.G.BHASKAR, SRI.C.MURALIKRISHNAN ABRAHAM GEORGE JACOB(K/003159/1999), SHRI.A.S.P.KURUP, SC, UBI, MADHU RADHAKRISHNAN, DEEPAK ASHOK KUMAR, M.D.JOSEPH, NELSON JOSEPH

JUDGMENT

S.MANU, J.

These appeals arise from the common judgment in W.P.(C)Nos.24087/2023 and 27867/2023. Therefore, the appeals are being disposed of by this common judgment.

2. The writ petitions were filed by auction purchasers who had taken part in the auction conducted by the Union Bank of India for sale of some secured assets. Appellants in W.A.Nos.500/2024 and 523/2024 are the borrowers.

Appellants in W.A.No.543/2024 are auction purchasers.

3. The bank conducted e-auction of items of properties belonging to the borrowers on 21.12.2022 and the respondents 1 and 2 in W.A.No.500/2024 were the highest bidders with respect to the property which was item No.19 in the sale notice dated 09.11.2022. The respondents 1 and 2 remitted 25% of the bid amount on 22.12.2022 in accordance with the terms of the auction. Later, the balance 75% was deposited in three installments.

4. On the same date, 21.12.2022, another item of property included as Sl.No.15 in the sale notice dated 09.11.2022 was also put in auction. The party respondents in W.A.No.523/2024 were the highest bidders. They remitted 25% of the bid amount on 22.12.2022. They also deposited the balance amount of 75% later in two installm

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