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2021 Supreme(Online)(KER) 15581

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
UNION BANK OF INDIA – Appellant
Versus
MARGIN FREE SUPER SHOPPING CENTRE – Respondent


Advocates:
D.GANESH KUMAR

JUDGMENT

In the peculiar nature of the case, notice to the respondents is dispensed with.

2. Petitioner had preferred OA.No.148/2016 before the Debt Recovery Tribunal-II, Ernakulam. Since notice could not be served on the respondents, permission was granted to the petitioner to take notice by paper publication. While so, petitioner had obtained attachment of three properties of the defendant in the OA as per the order of DRT in IA.No.416/2016. The attachment is shown as an encumbrance in Ext.P2.

3. Thereafter one of the properties were brought for sale. After sale, when the petitioner and the auction purchaser sought to register the sale certificate dated 16.07.2021, the Sub Registrar objected to the registration on the ground of pending attachment effected in the very same case (O.A.No.148 of 2016). Accordingly, petitioner filed Ext.P3, Ext.P4 and Ext.P4 as IA No.1047/2021, IA.No.1049/2021 and IA.No.1050/2021 respectively in the pending case before the Debt Recovery Tribunal. The applications were for return of documents to lift the attachment with respect to the property which was subject to the sale and a substitution petition to incorporate the new entity.

4. It is submitted by the

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