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2025 Supreme(Online)(Ker) 46480

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
RANEESH ABRAHAM – Appellant
Versus
SOUTH INDIAN BANK – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.M.RETHEESHKUMAR, SHRI.MUHAMED JUNAID
For the Respondents: ADV.SHRI.SUNIL SHANKAR, SC.

Table of Content
1. challenge to auction sale and request for time to seek relief. (Para 1 , 2)
2. court grants time to approach tribunal, stays auction. (Para 3)

JUDGMENT

Dated this the 16th day of October, 2025 The petitioner challenges Ext.P6 order which threatens that the bank will proceed with the auction sale of the movables of the petitioner and that the proceeds will be adjusted towards the amount due from the petitioner. It is the contention of the learned counsel for the petitioner that the auction sale in favour of the auction purchaser itself, is under challenge before the Debts Recovery Tribunal, in S.A.No.577/2023. According to the learned counsel, the sale of movables will frustrate the said proceedings. Learned counsel seeks a breathing time, so as to enable the petitioner to approach the Debts Recovery Tribunal in the pending S.A. above referred, which stands posted to 04.11.2025.

2. This request is seriously opposed by the learned counsel for the respondent Bank, by pointing out that the auction sale in respect of the immovable properties took place in 2023 and that although the same is challenged, no favourable orders have been obtained from the Debts Recovery Tribun

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