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2026 Supreme(Online)(Ker) 7781

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
PRATHEESH KAYAKKOOL – Appellant
Versus
SOUTH INDIAN BANK – Respondent
WP(C) NO. 3732 OF 2026



Advocates:
For the Appellants/Petitioners: SMT.K.REEHA KHADER, SHRI.M.P.SHAMEEM AHAMED
For the Respondents: SRI. SUNIL SHANKER, SC

The auction sale confirmed pursuant to notice does not allow for a writ, as the petitioner has statutory remedies available through the Debts Recovery Tribunal.

Headnote:(Relevant Laws): The ruling addresses the grounds on contest pertaining to the e-auction sale notice under legal protocols. (Facts): The petitioner challenges the e-auction sale notice dated 12.12.2025; seeking installment payment for liabilities. (Findings): The auction was confirmed on 29.01.2026, and petitioner must challenge via the Debts Recovery Tribunal. (Issues): The court frames the issue of the legality of the auction sale notice. (Reasoning): The court concludes that the petitioner has statutory remedies available post-auction, thus the disposal of the writ. (Result): The Writ Petition is disposed of as above.

Table of Content
1. challenge to e-auction sale notice. (Para 1)
2. confirmation of auction sale and statutory remedies. (Para 2)

JUDGMENT

(Dated this the 31st day of January, 2026)

This writ petition has been filed challenging the e-auction sale notice dated 12.12.2025, pursuant to which the auction was scheduled to be conducted on 29.01.2026. The petitioner has also sought a further prayer for grant of 30 installments to liquidate the outstanding liability.

2. The learned counsel for the respondent, on instructions, submits that the auction was conducted on 29.01.2026 and that the sale has been confirmed in favour of a bidder who has deposited 25% of the sale consideration. The confirmation letter was also issued on the same day. In these circumstances, it is submitted that the remedy available to the petitioner is to challenge the sale in accordance with law by filing an application under Section 17 before the Debts Recovery Tribunal. It is further submitted that if the petitioner makes a request for furnishing the details of the auction purchaser, the respondent shall provide the same.

The Writ Petition is disposed of as above.

Sd/-

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