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P.M.Samuel

High Court Of Kerala|13 October, 2014
|

JUDGMENT / ORDER

Thottathil B.Radhakrishnan, J.
This writ appeal is filed by the writ petitioner. He purchased an item of property in the course of SARFAESI proceedings. The Bank had disclosed the liabilities on the property to the extent it was known to the bank. After SARFAESI proceedings were completed, the petitioner moved to have mutation effected. Then, he noted that there are other liabilities on the property, including revenue arrears in the form of Sales Tax and other dues. The petitioner wants to avoid those liabilities. His plea is that those liabilities should be confined to properties of the debtor, which are not covered by the SARFAESI proceedings. We do not see any illegality or irregularity in the interim order of the learned single Judge, refusing to come to the aid of the appellant/writ petitioner. Hence, this writ appeal is dismissed without prejudice to the W.A.No.1404/14 2 contentions in the writ petition and also without prejudice to any claim of the appellant against bank, in accordance with law.
Sd/-
(THOTTATHIL B.RADHAKRISHNAN, JUDGE) Sd/-
(BABU MATHEW P. JOSEPH, JUDGE) //TRUE COPY// P.A TO JUDGE DG
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Title

P.M.Samuel

Court

High Court Of Kerala

JudgmentDate
13 October, 2014
Judges
  • Thottathil B Radhakrishnan
  • Babu Mathew P Joseph
Advocates
  • Sri Mohan C Menon