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2026 Supreme(Online)(Ker) 2555

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
STATE BANK OF INDIA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.TOM K.THOMAS, SMT.BINI DAS
For the Respondents: SRI. K. M. FAISAL, GP

JUDGMENT

Dated this the 8th day of January, 2026 The petitioner is filing this writ petition aggrieved by the inaction on the part of the 3rd respondent in registering a Certificate of sale issued under Rule 9(6) of the Security Interest (Enforcement) Rules, 2002, on the ground that there are attachments over the property by the Munsiff and Sub-Court of Perumbavoor.

2. It is submitted that the petitioner bank, invoking the provisions of the SARFAESI Act , 2002 conducted an e-auction of a property having an extent of 13.06 Ares of land together with a commercial building therein in Re.Sy.No.473/10/3/2 and 473/10/2/2 in Chelamattom Village, Kunnathunadu Taluk; Ernakulam District, belonging to the 4th respondent herein covered by Sale Deed No,5781 of 2005 dated 22.04.2005 of Perumbavoor SRO. The above property was given as security by way of equitable mortgage as early as on 09.05.2015, for the credit facilities availed by the 4th respondent from the petitioner bank. Since the 4th respondent failed to repay the amounts due to the bank, proceedings were initiated under the provisions of the SARFAESI Act and the above property was brought for sale, The sale was conducted on 30.10.202

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