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2026 Supreme(Online)(Ker) 2730

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
MUHAMMED ABDUL KARIM FAISAL – Appellant
Versus
THE SOUTH INDIAN BANK LTD – Respondent
WP(C) NO. 2796 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.T.C.SURESH MENON, SRI.B.DEEPAK, SHRI.VINAYAK VINOD
For the Respondents: SRI. P. A. AUGUSTINE, SC

The court affirms that extensions for auction payments can be granted within the framework established by relevant enforcement rules.

Headnote:Statute Analysis: The Security Interest (Enforcement) Rules, 2002 stipulate the payment terms post-auction bidding. Facts of the Case: The petitioner successfully bid Rs.6,30,10,000/- and paid 25%, seeking an extension for the remaining amount due to being abroad.

Findings of Court:
The court recognized the petitioner's efforts and ordered a timely decision on the pending representation.

Issues: The main issue was the extension for payment within specified rules.

Ratio Decidendi: The court emphasized timely adherence to rules while allowing a reasonable extension for the petitioner’s financial circumstances.

Result: The writ petition is disposed of, directing the 1st respondent to take up Ext.P3, if not disposed of as of today, and pass orders on or before 30.01.2026.

Table of Content
1. petitioner is the successful bidder seeking payment extension. (Para 1 , 2)
2. counsel mentions rules regarding balance payment timeframe. (Para 3)
3. court directs timely decision on pending representation. (Para 4)

JUDGMENT

(Dated this the 23rd day of January, 2026)

The petitioner is the successful bidder in an auction conducted by the 2nd respondent. The e-auction was conducted on 28.10.2025 for an amount of Rs.6,30,10,000/-. Subsequently, the petitioner deposited Rs.1,57,52,502.80/- being the 25% of the bid amount, and the sale was confirmed in favour of the petitioner. Ext.P2 is the sale confirmation. The petitioner is required to pay the balance bid amount within three months of the sale confirmation, i.e., on or before 30.01.2026. At present, the petitioner is in the USA and is making earnest efforts to remit the balance.

2. The learned counsel for the petitioner submits that the petitioner has sufficient funds but he has to be back in India for payment of the entire amount. He, therefore, seeks time till 14.02.2026. The petitioner has already filed Ext.P3 representation before the 1st respondent on 19.01.2026, and is pending without any orders.

3. The learned Standing Counsel on instructions submits that as per the Security Interest (Enforcement) Rules , 2002, on every sale, the purchaser shall immediately pay 25% of the bid amount. The balance amount of purchase price payable shall be paid by the purchaser to the authorized officer on or before the fifteenth day of confirmation of sale, and the same can be extended upto three months. As stated, this three months’ period will expire on 30.01.2026.

4. The learned counsel for the petitioner submits that since the representation is pending before the 1st respondent, a direction be issued to dispose of Ext.P3 within a time frame.

Accordingly, the writ petition is disposed of, directing the 1st respondent to take up Ext.P3, if not disposed of as of today, and pass orders on or before 30.01.2026.

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