2026 Supreme(Online)(Ker) 8102

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
PREETHA V R. – Appellant
Versus
STATE BANK OF INDIA – Respondent
OP (DRT) NO. 41 OF 2026

The withdrawal of a sale notice nullifies the basis for an original petition, leading to its closure.

Headnote:The petitioner's application was addressed regarding the sale notice issued under Section 13(4) of the SARFAESI Act. The respondent's counsel indicated withdrawal of the auction notice, which resolved the petitioner's grounds for appeal. The Court found no basis for continuation, thus concluded the petition. The central issue was whether the original petition held merit post-withdrawal of the sale notice. The Court reasoned that once the basis for the petition was nullified by the retraction of the notice, the petition could not stand. Consequently, the court closed the original petition as the grounds were no longer applicable.