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2025 Supreme(Online)(Ker) 57683

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
AUGUSTINE MATHEW – Appellant
Versus
THE SOUTH INDIAN BANK – Respondent


Advocates:
For the Appellants/Petitioners: SMT.LIZA P. CHERIAN
For the Respondents: SHRI.B.J.JOHN PRAKASH, SHRI.P.PRAMEL, SHRI.SOORAJ M.S., SMT.VARSHA VIJAYAKUMAR NAIR, SHRI.MANU BABY, SMT.RAJASREE K.

JUDGMENT

(Dated this the 10th day of December 2025)

Petitioners filed S.A.No.481 of 2024 before the Debt Recovery Tribunal, Ernakulam against the recovery measures initiated against the property belonging to them. In the said S.A., I.A. Nos.3135 of 2025 and 3134 of 2025 were filed. I.A.No.3135 of 2025 was filed with a prayer to stay all further proceedings including confirmation of sale, issuance of sale certificate and registration of sale certificate pursuant to Anex.A21 sale notice. I.A.No.3134 of 2025 is an application filed to amend the S.A. by incorporating certain facts, grounds and reliefs.

2. The DRT took up I.A.No.3135 of 2025 and dismissed the same as per Ext.P1 dated 18.8.2025. Earlier, the petitioners filed I.A.No.564 of 2025 in the said S.A. to depute an Advocate Commissioner to ascertain the potential nature of the mortgaged property and to prepare valuation report with the help of an approved valuer and to submit a report with the comparability of both the lands with the property covered by Ext.P18 and secured assets. The Tribunal dismissed the said application by Ext.P2 order dated 24.3.2025. Both Ext.Nos.P1 and P2 orders are impugned in this O.P. (DRT).

3. The counsel

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