IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

WEDNESDAY, THE 15^TH DAY OF JANUARY 2025 / 25TH POUSHA, 1946 WP(C) NO. 30629 OF 2024 PETITIONER/S:

SUJITH P NAIR, AGED 43 YEARS S/O S. PRABHAKARAN NAIR, SANGAMAM, NEAR RAILWAY STATION, ETTUMANOOR P.O.,KOTTAYAM, KERALA, PIN - 686631 BY ADVS.

RAJESH VIJAYENDRAN ASOK CHACKO THOMAS RESPONDENT/S:

1 DEBT RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL-2, 2ND FLOOR, KSHB BUILDING, PANAMPILLY NAGAR, COCHIN, ERNAKULAM, KERALA, PIN -

682036

2 THE AUTHORISED OFFICER , PUNJAB NATIONAL BANK, 8519 LOGOS CENTRE, LOGOS JUNCTION, SASTRY ROAD,KOTTAYAM, KERALA, PIN - 686001 BY ADV C.AJITH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

The petitioner participated in an auction conducted by the Recovery officer, Debts Recovery Tribunal-II, Ernakulam. The petitioner is before this court stating that the petitioner must either be permitted to withdraw from the auction or be held entitled to vacant possession of the property in question. According to the petitioner the property is now occupied by third parties. The petitioner seeks the following reliefs in this writ petition:-

“(i) Issue a writ of mandamus or any other appropriate writ, order, or direction directing the 1st Respondent to refund the amounts deposited by the Petitioner, namely the EMD of Rs. 1,80,000/- and the further sum of Rs. 3,01,010/-, along with interest, due to the failure of the Respondent 2 to provide vacant possession of the property. (ii) In the alternative, issue a writ of mandamus or any other appropriate writ, order, or direction directing the 2nd Respondent to hand over vacant and clear possession of the property to the Petitioner, and upon such handover, the Petitioner shall be allowed a reasonable period to deposit the balance amounts and complete the transaction. (iii) Declare that the Petitioner is entitled to either the refund of the amounts deposited with the Respondents or the right to complete the transaction upon receiving vacant possession of the property, free from any encumbrances or occupants.”

2. On considering the contentions raised by the petitioner, this court had directed the respondent bank to place on record the proclamation/conditions of auction in respect of the property which is subject matter of the writ petition and the terms and conditions upon which the property was sold by the Recovery officer attached to the Debts Recovery Tribunal, Ernakulam.

3. The learned counsel for the respondent bank had placed on record the proclamation of sale and the terms and conditions of the auction which clearly shows that the petitioner had taken part in the auction subject to specific condition that the property will be sold on “as is where is” and “as is what is condition”. Taking the above fact into consideration, I am of the view that the petitioner cannot now contend that since there are some thrid party occupants in the property the petitioner must be allowed to withdraw from the sale. The prayer of the petitioner before this court during the course of arguments to extend the time for paying the balance amount to complete the sale transaction also cannot be considered as auction was held with specific conditions requiring payment of the entire bid amount within 15 days from the date of auction. It is not within the jurisdiction of this court to modify the terms and conditions of the sale/auction. In the above circumstances, I am clear in my mind that the petitioner cannot be granted any of the reliefs sought in this writ petition. Writ petition fails and it is accordingly dismissed.

Sd/-

GOPINATH P.

JUDGE AMG APPENDIX OF WP(C) 30629/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ONLINE/AUCTION BID FORM Exhibit P2 A TRUE EXTRACT OF THE TRANSACTION REFLECTING THE DEPOSIT OF THE EMD OF RS. 1,80,000/-

Exhibit P3 A TRUE EXTRACT OF THE TRANSACTION REFLECTING THE DEPOSIT OF THE ADDITIONAL AMOU