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2026 Supreme(Online)(Ker) 14559

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
NIZAR K.K – Appellant
Versus
RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL-II, KERALA STATE HOUSING BOARD OFFICE COMPLEX – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.V.K.PEERMOHAMED KHAN, SHRI.GIRISH KUMAR V.C
For the Respondents: SHRI.MOHAN JACOB GEORGE, SMT.P.V.PARVATHY, SMT.REENA THOMAS, SMT.NIGI GEORGE, SHRI.ANANTHU V.LAL, SMT.SHERIN VARGHESE, SHRI.ANTONY THOMAS MOHAN

JUDGMENT

(Dated this the 20th day of February, 2026)

The petitioner is a successful bidder in the auction conducted by the Recovery Officer attached to DRT-II, Ernakulam. The petitioner submitted the tender by remitting 10% of the earnest money. As per the sale confirmation e-mail, the petitioner remitted ₹4,06,090/- towards the balance of 25%

of the auction amount along with other charges.

2. The Recovery Officer directed to make payment of the balance 75% within fifteen days, on or before 16/08/2025. On 15/08/2025 and on 16/08/2025, there was heavy rain and the authorities concerned have declared red alert in Thrissur district. Hence, the petitioner could not come directly to the DRT and remit the amount. Therefore, he attempted to transfer the balance amount from his relative's account, which has failed due to a technical issue, as evident from Ext.P5. On the very next working day, that is on 18/08/2025, the petitioner transferred the balance amount of ₹17,34,750/-, being 75% of the auctioned amount, as evidenced by Ext.P6. The petitioner filed Ext.P7 affidavit on 20/08/2025 before the Recovery Officer, DRT-II, Ernakulam, explaining the circumstances under which the amount could n

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