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2026 Supreme(Online)(Ker) 5643

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
M/S. HDFC BANK LTD – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.GIGIMON ISSAC, SHRI.TOBIAS TOGI MATHEW, SMT.DESY MARY K.P.
For the Respondents: Smt.Sylaja S.L

JUDGMENT

Heard Sri. Gigimon Issac, the learned counsel for the petitioners, as well as Smt.Sylaja S.L, the learned Government Pleader.

2. The 1st petitioner Bank had given certain credit facilities to the 5th respondent and since the credit facilities were not cleared, the Bank had attached the properties of the debtor and that property was sold to the 2nd petitioner herein. A sale certificate was also issued pursuant to the sale effected as above. The 1st petitioner sought for registering the sale certificate (Ext.P3) on the basis of the sale effected as above before the 2nd respondent herein. The 2nd respondent refused to register the sale deed as seen from Ext.P5 communication dated 30.09.2023 making reference to an attachment made by the Arbitration Tribunal in a proceedings pending before it. It is seeking to challenge the afore proceedings that the petitioners have approached this Court.

3. As regards the sustainability of Ext.P5, this Court notices the judgment of a Division bench of this Court in Shriram Transport Finance Co.Ltd vs. Saneesha M.S. ( 2024 (6) KHC 238 ), whereby the Division Bench held that such attachments effected by the Arbitration Tribunal may not be a rea

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