JUDGMENT
Heard the learned counsel for the petitioner and the learned standing counsel for the Bank.
2. Petitioner states that the 1st respondent fraudulently obtained a sale deed in respect of the property covered by Ext.P1 title deed from him and has mortgaged the said property to the 2nd respondent Bank. It is stated that he defaulted payments to the Bank and therefore the Bank has initiated SARFAESI proceedings. It is stated that seeking to set aside the sale deed fraudulently obtained from him, he has filed IOP No. 3/12 now pending before the Sub Court, Kochi. It is in the meanwhile he has filed this writ petition seeking to set aside the SARFAESI proceedings.
3. On behalf of the Bank, it is submitted that physical possession of the mortgaged property was taken over on 8/2/12 and that the property was put in auction on 20/11/12. It is also stated that the sale certificate was issued to the successful purchaser on 13/12/12 and the sale deed was registered on 20/12/12. Thus, SARFAESI proceedings initiated against the property has culminated with the aforesaid proceedings. If that be so, there is no question of this Court allowing the prayer of the petitioner to set aside the SARFAESI proceedings.
Therefore, the writ petition is dismissed clarifying that this shall be without prejudice to the right of the petitioner in pursuing his grievances, if any, against the proceedings initiated against the property.
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