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2026 Supreme(Online)(Ker) 5749

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
SHAJI MECHERI VARGHESE – Appellant
Versus
THE AUTHORIZED OFFICER, INDIAN BANK – Respondent
WP(C) NO. 3122 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.JACOB CHACKO, SMT.BEENA V., SHRI.ABHILASH C.V., SHRI.MOHAMMED SAFEER N.
For the Respondents: SRI. BINOY VASUDEVAN, SC

Court dismisses petition as infructuous due to no bidders at the auction.

Headnote:This judgment pertains to a writ petition filed against a sale notice issued by the respondent bank for recovery of a significant amount. The court finds that since no bidders appeared, the sale did not proceed, making the petition infructuous. Hence, the writ petition is dismissed. The court emphasizes procedural compliance regarding sale notice under relevant law and acknowledges the futility of proceedings due to the lack of bids.

Table of Content
1. challenge to sale notice by petitioner. (Para 1)
2. petition dismissed due to non-materialization of sale. (Para 2)

JUDGMENT

(Dated this the 28th day of January, 2026)

The writ petition is filed challenging Ext.P3 sale notice for recover for an amount of Rs.1,71,03,422/-, which was scheduled today. The time stipulated for the auction was from 10.00 a.m. to 4.00 p.m.

2. The learned counsel for the respondent Bank submits that since there were no bidders, the sale did not materialise.

Therefore, the writ petitin has practically become infructuous and the same is dismissed.

Sd/-

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