HIGH COURT OF KERALA
P.V. KUNHIKRISHNAN, J
BANK OF BARODA – Appellant
Versus
DISTRICT COLLECTOR – Respondent
J U D G M E N T
These two writ petitions are connected and therefore, I am disposing these two writ petitions by a common judgment.
2. I will narrate the facts in WP(C) No.6348/21 first. First petitioner in this writ petition is a nationalized bank. According to the petitioners, on 01.03.2011 Mr. Gopalakrishnan Pillai, S/o Bhaskara Panicker and Rajalakshmi, D/o Gopalakrishnan Pillai created mortgage of their property having 35.98 Ares of land and building in Re.Sy.No.214/1/2, 214/1/3 and 214/03/2 (old Sy. No. 281/11) in Mannachery Village, Ambalapuzha Thaluk, in Alappuzha District as a security for a loan availed by them from the Alappuzha Branch of the 1st petitioner. Subsequently, the above loan account was transferred to 1st petitioner branch at Ernakulam for administrative purposes. According to the 1st petitioner, there was default in repaying the loan amount and consequently, the proceedings under Securitsation and Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 (for short SARFEASI Act) was initiated. Ultimately the mortgage property was sold by the petitioner under the provisions of the SARFEASI Act. Ext.P1 is the sale certificate dated 29.05.2
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