High Court of KeralaSingle Judge2025-04-11W.P.(C) Nos.1667 & 8019 of 2025 disposed of: W....

W.P.(C) Nos.1667 & 8019 of 2025

Case / Petition Number:WP(C) Nos.1667 & 8019 of 2025

Neutral Citation:2025:KER:31049

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: N. Nagareesh
Judgment Date: 2025-04-11
Court Decision / Holding: W.P.(C) Nos.1667 & 8019 of 2025 disposed of: W.P.(C) No.1667/2025 is disposed of recording that the petitioner remitted the entire bid amount on 27.02.2025 and no further orders are necessary; W.P.(C) No.8019/2025 is dismissed on the ground of finality of the bid and absence of a viable remedy to overturn the sale without a proper challenge to the sale proceedings.
Final Disposition: W.P.(C) Nos.1667 & 8019 of 2025 disposed of: W.P.(C) No.1667/2025 disposed of in terms that the petitioner remitted the balance amount by 27.02.2025 and no further orders are necessary; W.P.(C) No.8019/2025 dismissed for lack of a viable challenge to the sale; alternate remedies were acknowledged.

Parties to the Case

Appellants / Petitioners

FLORICAN PRIME LAND LLP
ASTERIA AVENUES LLP
REKHA JAIN

Respondents

Recovery Officer, Debts Recovery Tribunal-I, Ernakulam
M/S. Canara Bank, Chooroty Road Branch, Kozhikode
M/S. ANNAM STEELS PVT. LTD. (for WP1667/2025)
E.T. Firoz
C. Vijaya Kumar
Noor Muhammed Noorisha
M/S. Plenty Land Developers LLP
M/S. FERVANT BUILDERS AND DEVELOPERS PVT. LTD.
M/S. KARADAN PROPERTIES AND DEVELOPERS
P.P. MUNEER
P. Yusuf Ali
K.K. Ashraf
A.T. Muhammed Ali
Abdul Navaf
MUHAMMED FAZIL
SULAIMAN KARADAN
SARA
MUHAMMED FAVAZ
ABDUL LATHEEF
P.K. SIVADASA MENON
ANEES ADAM K.M.
SYED MUHAMMED THAYYIL
T. AHAMED THOTTIYIL
V. ABDUL RAZACK
PUNJAB NATIONAL BANK
ADDl.R26 ASTERIA AVENUES LLP
ADDl.R27 Rekha Jain

Legal Representation & Advocates

Counsels for Petitioners

• C. Ajith Kumar
• Praveen Hariharan
• R. Jai Krishna
• Narayani Harikrishnan
• C.S. Arun Shankar
• Anish P.
• Akhil Shaji
• G. Hariharan
• K.S. Smitha
• Amal Dev D
• Sneha M.S.
• Abhijith E.R
• E. Silpa

Case Synopsis & Summary

This batch of connected writ petitions concerns a post-auction challenge to an e-auction sale of mortgaged assets conducted by the Debts Recovery Tribunal-I, Ernakulam. The successful bidder in an e-auction held on 27 December 2024 sought extension of time to remit the balance 75% of the bid amount after having already deposited 25% (including an amount paid on 24 December 2024). The petitioner in W.P.(C) No.1667/2025 contended that, owing to unforeseen delays in arranging funds, extension of time should be granted, and argued that this Court can exercise its Article 226 jurisdiction to enlarge the time for payment. The Recovery Officer rejected the extension application. In W.P.(C) No.8019/2025, the petitioners claimed the Tribunal should confirm the sale in their favour and issue a sale certificate for Lot No.4, arguing the bidder’s failure to pay within the statutory window entitled the petitioners to relief. The Court held that while the Tribunal may not have inherent power to enlarge the time, it is open to the High Court under Article 226 to extend time in exceptional and appropriate cases. It recorded that the successful bidder ultimately remitted the entire bid amount by 27 February 2025, prompting disposal of W.P.(C) No.1667/2025 in the petitioners’ favour, and dismissal of W.P.(C) No.8019/2025 as the bid had attained finality. The decision emphasizes that alternate remedies exist, and directs no further coercive action in the first petition while dismissing the second petition.

Provisions of Law Cited

Rule 57(1) of the 2nd Schedule to the Income Tax Act, 1961Article 226 of the Constitution of India

Legal Doctrines & Maxims

Alternate remedy doctrine (availability of efficacious alternative remedy)
High Court power under Article 226 to enlarge time in exceptional cases

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners in both writ petitions contended that the time for remittance of the balance bid amount could be extended by the High Court under Article 226, especially given their remittance of substantial sums (including ₹89,04,010 towards the balance on 27.12.2024) and the overall difficulty in arranging the remaining funds. They urged that the Recovery Officer’s order extending or denying extension should be reviewed and that the sale should be allowed to proceed with some relief, arguing that there is an alternate efficacious remedy and that the tribunal’s lack of power to enlarge time should not foreclose relief when public interest and equity favor completion of sale. They also relied on judgments from other jurisdictions to justify extending time in exceptional circumstances and stressed that refusal would render the auction process illusory and defeat the purpose of the sale.

Contentions of Respondents

The respondents opposed the petitions on grounds that the Debts Recovery Tribunal may not have inherent power to enlarge time; sale proceedings are subject to statutory timelines, and failure of payment within the prescribed window should ordinarily terminate the bidder’s rights. They argued the bid had attained finality and that the petitioners had the option of pursuing alternate remedies, including challenging the sale, rather than seeking relief by writ. They submitted that the petitioners’ remittance came after the deadline and that the extension should not override statutory timelines without clear statutory authorization.

Cited Precedents (4)

Case Name	Citation	Treatment	Explanation
C.N. Paramsivan and another v. Sunrise Plaza Tr Partner and others	2013 (4) SCR 1	Mentioned Only	Cited by petitioners as persuasive authority; court did not apply or distinguish its principles in the present order.
Ramesh Mehar v. The Recovery Officer and others	2013 KHC 3220	Mentioned Only	Cited for argumentative support; no explicit adoption or distinguishing of its ratio.
Kumar Urban Development Private Limited v. Indian Bank and others	2019 KHC 4805	Mentioned Only	Cited by counsel; not explicitly followed or distinguished by the court.
Somasundaram v. Chief Commissioner of Income Tax and another	2017 KHC 737	Mentioned Only	Referenced as part of this Court’s prior consideration; not explicitly employed as a ruling basis in the present decision.

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Extracted Judgment Text

Exact text extracted from official judgment records.

**2025:KER:31049** **==> picture [58 x 58] intentionally omitted <==** # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **FRIDAY, THE 11[TH] DAY OF APRIL 2025 / 21ST CHAITHRA, 1947** **WP(C) NO. 1667 OF 2025** ## **PETITIONER:** **FLORICAN PRIME LAND LLP, 62/1232H, J FLOOR, MAGNUS ARCADE, CHEROOTTY ROAD, KOZHIKODE REPRESENTED BY ITS MANAGING PARTNER, MOHAMED HARIS KUNDUKAVIL, SON OF MOHAMMED KUTTY K.K., AGED 45 YEARS, KUNDUKAVIL, KOOTALINGAL, KONDOTTY, CHIRAYIL P.O., MALAPPURAM, PIN - 673032** **BY ADVS. SMT.ANITHA MATHAI MUTHIRENTHY SMT.ARYA SURESH SRI.ASWIN KURIAKOSE** ## **RESPONDENTS:** - **1 THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL-I, KSHB BUILDING, 5TH FLOOR, PANAMPILLY NAGAR, ERNAKULAM, KERALA, PIN - 682036** **2 M/S. CANARA BANK, CHEROOTY ROAD BRANCH, COURT ROAD, KOZHIKODE, REP. BY ITS CHIEF MANAGER AND AUTHORIZED OFFICER, PIN - 673001** - **3 M/S. ANNAM STEEL PVT. LTD., 244. T.H ROAD, THODIARPET, CHENNAI COPORATE OFFICE AT 11/40 E, FASHION TOWER, CHERROTTY ROAD, KOZHIKKODE** 2025:KER:31049 W.P.(C) Nos.1667 & 8019 of 2025 **==> picture [58 x 57] intentionally omitted <==** : 2 : **THROUGH ITS MANAGING PARTNER E.T. FIROZ, PIN - 673001** - **4 S/O. E.T. MUHAMMED BASHEER, SOUMYA,2/1788A, FLORICAN ROAD, KALATHIL AVENUE, CIVIL STATION, MALAPPARAMBU, KOZHIKODE, PIN - 673020** - **5 C. VIJAYAKUMAR, S/O. CHELLIAH, NO.8, RATHINASABHAPATHY STREET, CHENNAI, PIN - 600021** - **6 NOOR MUHAMMED NOORISHA, S/O. KHALID HAJI, KALLIYATH HOUSE, 34/1864, MAMANGALAM, ERNAKULAM, PIN - 682025** - **7 M/S. PLENTY LAND DEVELOPERS LLP, 41/2299, 3RD FLOOR, MALABAR GATE, RAM MOHAN ROAD, PUTHIYARA POST, KOZHIKODE REPRESENTED BY ITS DESIGNATED PARTNER, E.T. FIROZ, PIN - 673004** - **8 M/S. FERVENT BUILDERS AND DEVELOPERS PVT. LTD., 41/2299, 2ND FLOOR, MALABAR GATE, RAM MOHAN ROAD, PUTHIYARA POST, KOZHIKODE, REPRESENTED BY ITS DIRECTOR, A.K. NISHAD, PIN - 673004** - **9 M/S. KARADAN PROPERTIES AND DEVELOPERS, PUTHIYARA P.O., KOZHIKODE REPRESENTED BY ITS MANAGING PARTNER SULAIMANKARADAN, PIN - 673004** - **10 P.P. MUNEER, S/O. MUSTHAFA HAJI, BUSHRAMANZIL, KOTTAPPURA P.O., NEELESWARAM, PIN - 670314** - **11 P. YUSUF ALI, S/O. ABDULLA, RUMIYAS HOUSE,** 2025:KER:31049 W.P.(C) Nos.1667 & 8019 of 2025 **==> picture [58 x 57] intentionally omitted <==** : 3 : **KOTTAPPURAM P.O., NEELESWARAM, KANHANGAD, PIN - 670314** - **12 K.K. ASHRAF,** **S/O. ABOOBACKER, C.242, KORAKKATHPARAMBU, 10, CHILAVOOR 12/61, MOOZHICKAL, KOZHIKODE, PIN - 673001** **13 A.T. MUHAMMED ALI, S/O. AHAMMED A.T., NADUVILAKANDI, KURACKAL HOUSE, 12/61, KUTTIKKATTOOR P.O., KOZHIKODE, PIN - 673008** **14 ABDUL NAVAF, S/O. NALANCHIRAKKAL MUHAMMED, ALUVANGAL HOUSE, KOLATHARA P.O., KOZHIKODE, PIN - 673655** **15 MUHAMMED FAZIL, S/O. USMAN, KARADAN HOUSE, PALATHINGALMUNDA, EDAKKARA P.O., MALAPPURAM, PIN - 679331** - **16 SULAIMAN KARADAN, S/O. MUHAMMEDKARADAN, KARADAN HOUSE, PALATHINGALMUNDA, EDAKKARA P.O., MALAPPURAM, PIN - 679331** **17 SARA, W/O. SULAIMAN, KARADAN HOUSE, PALATHINGAL MUNDA, EDAKKARA P.O., MALAPPURAM, PIN - 679331** - **18 MUHAMMED FAVAZ,** **S/O. KUNHIMOIDEEN KUTTY, FLAT NO.12B, SKYLINE OCEANIC, BEACH ROAD, KOZHIKODE, PIN - 673032** - **19 ABDUL LATHEEF, S/O. E.P. MAMMU, RAFA PARK HOUSE, THALASSERY, KANNUR, PIN - 670101** 2025:KER:31049 W.P.(C) Nos.1667 & 8019 of 2025 : 4 : **==> picture [58 x 57] intentionally omitted <==** - **20 P.K. SIVADASA MENON, S/O. P.K. BALASUNDARAMENON, LAKSHMI KRIPA, PARAVOOR, ERNAKULAM, PIN - 683513** - **21 ANEES ADAM K.M., S/O. T. MUNEER, KOYAPPATHODY VILLA, KRISHNAN NAIR ROAD, NEAR MALIKADAVE, NEAR GOVT. ITI, KOZHIKODE, PIN - 673010** - **22 SYED MUHAMMED THAYYIL, S/O. THAYYIL KHADAR HAJI, THAYYIL HOUSE, KATTACHIRA, B.P ANGADI P.O., VENGALOOR, TIRUR, MALAPPURAM, PIN - 676102** - **23 T. AHAMED THOTTIYIL, S/O. P.K. ABDULLA, THOTTIYIL HOUSE, KOTTAKKAL P.O., MALAPPURAM, PIN - 676503** - **24 V. ABDUL RAZACK, S/O. MUHAMMED, BARIKODAN HOUSE, ERNAD, MALAPPURAM, PIN - 673639** - **25 PUNJAB NATIONAL BANK, EROTH CENTRE, BANK ROAD, KOZHIKODE, REP.BY ITS CHIEF MANAGER, PIN - 673016** **ADDL.R26 ASTERIA AVENUES LLP, 80/127, PATEL MARG, MANSARAVAR, JAIPUR, RAJASTHAN-302 020, REPRESENTED BY DESIGNATED PARTNER-PAVAN PERIWAL.** ## **ADDL.R27 REKHA JAIN,** **AGED 43 YEARS, SANGAWA, GANSINGHPURA, JODHPUR, RAJASTHAN-342 901.** **(ADDITIONAL RESPONDENTS 26 AND 27 ARE IMPLEADED AS PER ORDER DATED 28.02.2025 IN IA NO.3/2025 IN WP(C) NO.1667/2025)** 2025:KER:31049 **==> picture [58 x 57] intentionally omitted <==** W.P.(C) Nos.1667 & 8019 of 2025 : 5 : **By ADVS. SRI.C.AJITH KUMAR SRI.PRAVEEN HARIHARAN SRI.R.JAIKRISHNA SMT.NARAYANI HARIKRISHNAN SRI.ANISH P. SRI.C.S.ARUN SHANKAR SRI.AKHIL SHAJI** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.03.2025 ALONG WITH WP(C)No.8019/2025 AND THE COURT ON 11.04.2025 DELIVERED THE FOLLOWING:** 2025:KER:31049 : 6 : **==> picture [58 x 57] intentionally omitted <==** W.P.(C) Nos.1667 & 8019 of 2025 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **FRIDAY, THE 11[TH] DAY OF APRIL 2025 / 21ST CHAITHRA, 1947** ## **WP(C) NO. 8019 OF 2025** ## **PETITIONERS:** **1 ASTERIA AVENUES LLP., 80/127, PATEL MARG, MANSARAVAR, JAIPUR, RAJASTHAN, PIN - 302020 2 REKHA JAIN, AGED 43 YEARS SANGAWA, GANSINGHPURA, JODHPUR, RAJASTHAN, PIN - 342901** **BY ADVS. SRI.R.JAIKRISHNA SMT.NARAYANI HARIKRISHNAN SRI.C.S.ARUN SHANKAR SRI.ANISH P. SRI.AKHIL SHAJI** ## **RESPONDENTS:** **1 RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL-I, KSHB BUILDING, 5TH FLOOR, PANAMPILLY NAGAR, ERNAKULAM, PIN - 682036** 2025:KER:31049 W.P.(C) Nos.1667 & 8019 of 2025 : 7 : **==> picture [58 x 57] intentionally omitted <==** - **2 CANARA BANK, CHEROOTY ROAD BRANCH, COURT ROAD, KOZHIKODE, REPRESENTED BY ITS CHIEF MANAGER AND AUTHORIZED OFFICER, PIN - 673001** - **3 PUNJAB NATIONAL BANK, EROTH CENTRE, BANK ROAD, KOZHIKODE, REPRESENTED BY ITS BRANCH MANAGER, PIN - 673011** - **4 FLORICAN PRIME LAND LLP., 62/1232H, J FLOOR, MAGNUS ARCADE, CHEROOTTY ROAD, KOZHIKODE REPRESENTED BY ITS MANAGING PARTNER–MOHAMED HARIS, PIN - 673001** - **5 M/S. ANNAM STEELS PVT. LTD., HAVING ITS REGISTERED OFFICE AT 244, T.H.ROAD, THONDIARPET, CHENNAI – 600 081 AND CORPORATE OFFICE AT 11/40E, FASHION TOWER, CHEROOTY ROAD, KOZHIKODE, REPRESENTED BY ITS MANAGING DIRECTOR SRI. E.T. FIROZ, PIN - 600081** **6 E.T. FIROZ, S/O. E.T. MUHAMMED BASHEER, SOUMYA, 2/1788A, FLORICAN ROAD, KALATHIL AVENUE, CIVIL STATION, MALAPPARAMBU, KOZHIKODE, PIN - 673020 7 C. VIJAYAKUMAR, S/O. CHELLIAH, NO. 8, RATHINA SABHAPATHY STREET, CHENNAI, PIN - 600021** **8 NOOR MUHAMMED NOORISHA, S/O. KHALID HAJI, KALLIYATH HOUSE, 34/1864, MAMANGALAM, ERNAKULAM, PIN - 682025** 2025:KER:31049 **==> picture [58 x 57] intentionally omitted <==** W.P.(C) Nos.1667 & 8019 of 2025 : 8 : - **9 M/S. PLENTY LAND DEVELOPERS LLP., REGISTERED OFFICE AT 41/2299, 3RD FLOOR, MALABAR GATE, RAM MOHAN ROAD, PUTHIYARA POST, KOZHIKODE, REPRESENTED BY ITS DESIGNATED PARTNER E.T. FIROZ, PIN - 673004** - **10 M/S. FERVANT BUILDERS AND DEVELOPERS PVT. LTD., REGISTERED OFFICE AT 41/2299, 2ND FLOOR, MALABAR GATE, RAM MOHAN ROAD, PUTHIYARA POST, KOZHIKODE, REPRESENTED BY ITS DIRECTOR, A.K. NISHAD, PIN - 673004** - **11 M/S. KARADAN PROPERTIES AND DEVELOPERS, PUTHIYARA P.O., KOZHIKODE, REPRESENTED BY ITS MANAGING PARTNER SULAIMAN KARADAN, PIN - 673004** - **12 P.P. MUNEER, S/O. MUSTHAFA HAJI, BUSHRA MANZIL, KOTTAPPURAM P.O., NEELESWARAM, KASARAGODE, PIN - 670314** - **13 SRI. P. YUSUF ALI, S/O. ABDULLA, RUMIYAS HOUSE, KOTTAPPURAM P.O., NEELESWARAM, KANHANGAD, KASARAGODE, PIN - 670314** - **14 K.K. ASHRAF, S/O. ABOOBACKER, C.242, KORAKKATH PARAMBU, 10, CHILAVOOR, MOOZHICKAL, KOZHIKODE, PIN - 673001** - **15 A.T. MUHAMMED ALI,** **S/O. AHAMMED A.T., NADUVILAKANDI KURACKAL HOUSE, 12/61, KUTTIKKATTOOR P.O., KOZHIKODE, PIN - 673008** - **16 ABDUL NAVAF, S/O. NALANCHIRAKKAL MUHAMMED, ALUVANGAL HOUSE,** 2025:KER:31049 **==> picture [58 x 57] intentionally omitted <==** W.P.(C) Nos.1667 & 8019 of 2025 : 9 : **KOLATHARA P.O., KOZHIKODE, PIN - 673655** **17 MUHAMMED FAZIL, S/O. USMAN, KARADAN HOUSE, PALANTHINGAL MUNDA, EDAKKARA P.O., MALAPPURAM, PIN - 679331** - **18 SULAIMAN KARADAN, S/O. MUHAMMED KARADAN, KARADAN HOUSE, PALANTHINGAL MUNDA, EDAKKARA P.O., MALAPPURAM, PIN - 679331** **19 SARA, W/O. SULAIMAN, KARADAN HOUSE, PALANTHINGAL MUNDA, EDAKKARA P.O., MALAPPURAM, PIN - 679331** **20 MUHAMMED FAVAS, S/O. KUNHI MOIDEEN KUTTY, FLAT NO. 12B, SKYLINE OCEANIC, BEACH ROAD, KOZHIKODE, PIN - 673032** - **21 ABDUL LATHEEF, S/O. E.P. MAMMU, RAFA PARK HOUSE, THALASSERY, KANNUR, PIN - 670101** **22 P.K. SIVADASA MENON, S/O. P.K. BALASUNDARA MENON, LAKSHMI KRIPA, PARAVOOR, ERNAKULAM, PIN - 683513** - **23 SRI. ANEES ADAM K.M., S/O. T. MUNEER, KOYAPPATHODY VILLA, KRISHNAN NAIR ROAD, NEAR MALIKADAVE, NEAR GOVT. ITI, KOZHIKODE, PIN - 673010** - **24 SYED MUHAMMED THAYYIL, S/O. THAYYIL KHADAR HAJI, THAYYIL HOUSE, KATTACHIRA, B.P. ANGADI P.O., VENGALOOR, TIRUR, MALAPPURAM, PIN - 676102** 2025:KER:31049 : 10 : **==> picture [58 x 57] intentionally omitted <==** W.P.(C) Nos.1667 & 8019 of 2025 **25 DR. T. AHAMED THAYYIL, S/O P.K. ABDULLA, THOTTIYIL HOUSE, KOTTAKKAL P.O., MALAPPURAM, PIN - 676503 26 V. ABDUL RAZACK, S/O. MUHAMMED, BARIKODAN HOUSE, ERNAD, MALAPPURAM, PIN - 673639** **BY ADVS. SRI.C.AJITH KUMAR SRI.PRAVEEN HARIHARAN SRI.G.HARIHARAN(K/66A/1976) SMT.K.S.SMITHA(K/106/2012) SRI.AMAL DEV D(K/001570/2018) SMT.SNEHA M.S.(K/001669/2023) SRI.ABHIJITH E.R.(K/000352/2021) SMT.E.SILPA(K/130/2015)** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.03.2025 ALONG WITH WP(C) No.1667/2025 AND THE COURT ON 11.04.2025 DELIVERED THE FOLLOWING:** **==> picture [58 x 57] intentionally omitted <==** 2025:KER:31049 W.P.(C) Nos.1667 & 8019 of 2025 : 11 : ## **N. NAGARESH, J.** ````````````````````````````````````````````````````````````` ## W.P.(C) Nos.1667 and 8019 of 2025 ````````````````````````````````````````````````````````````` _Dated this the 11[th] day of April, 2025_ ## **J U D G M E N T** ~ ~ ~ ~ ~ ~ ~ ~ ~ The successful bidder in an e-auction conducted on 27.12.2024 by the Recovery Officer, Debts Recovery Tribunal-I, Ernakulam in DRC No.78/2020 is the petitioner in W.P.(C) No.1667/2025. The writ petition has been filed seeking to quash order dated 09.01.2025 passed by the Recovery Officer rejecting the petitioner's application for extension of time to remit the balance 75% of the bid amount. 2. The e-auction was conducted on 27.12.2024. The petitioner successfully bid in auction for an amount of ₹5,54,00,000/-. The petitioner submits that they complied with the requirements under Rule 57(1) o the 2[nd] Schedule to the **==> picture [58 x 57] intentionally omitted <==** 2025:KER:31049 W.P.(C) Nos.1667 & 8019 of 2025 : 12 : Income Tax Act, 1961 and remitted 25% of the bid amount totalling to ₹1,38,50,000/- including AMD. The balance ₹4,15,50,000/- was to be remitted on or before 10.01.2025. The petitioner submits that the petitioner duly remitted an amount of ₹89,04,010/- towards the balance 25% amount, on 27.12.2024. 3. The petitioner faced unexpected delay in arranging the balance 75% bid amount. The petitioner therefore filed Ext.P6 IA No.2/2025 on 03.01.2025 seeking to grant an extension of 20 days to remit the balance amount. The 1[st] respondent, however, rejected the petitioner's request for extension, as per Ext.P7 order. 4. The petitioner states that though the 1[st] respondent-Recovery Officer may not have the power to extend the time for repayment, this Court can indeed extend the time invoking Article 226 of the Constitution of India, contends the petitioner. 2025:KER:31049 **==> picture [58 x 57] intentionally omitted <==** W.P.(C) Nos.1667 & 8019 of 2025 : 13 : 5. W.P.(C) No.8019/2025 is filed by the petitioners, who were also participants in the auction sale, seeking to direct the 1[st] respondent to confirm the sale of lot No.4 property covered in Ext.P2 admeasuring 168.39 Ares (4 Acres 16 Cents) in favour of the petitioners and to issue sale certificate in their name. The petitioners state that the scheduled properties of the borrowers were put up for sale in five lots and the petitioners bid for lot No.4 property admeasuring 168.39 Ares. The petitioners paid EMD of ₹55 lakhs. They had offered ₹5,52,00,000/- for the lot No.4 property. The 4[th] respondent was the successful bidder. But, the 4[th] respondent did not remit the amount in time. 6. The petitioners stated that the 4[th] respondent ought to have paid the entire bid amount within the stipulated time. As the 4[th] respondent did not pay the bid amount within the statutorily prescribed time, the 1[st] respondent is legally bound to confirm the sale of lot No.4 in favour of the petitioners 2025:KER:31049 **==> picture [58 x 57] intentionally omitted <==** W.P.(C) Nos.1667 & 8019 of 2025 : 14 : and to issue sale certificate. 7. The counsel for the petitioner in W.P.(C) No.8019/2025 relied on the judgment of the Hon’ble Apex Court in _**C.N. Paramsivan and another v. Sunrise Plaza Tr Partner and others** [2013 (4) SCR 1]_ , of the Karnataka High Court in _**Ramesh Mehar v. The Recovery Officer and others** [2013 KHC 3220]_ , of the Bombay High Court in _**Kumar Urban Development Private Limited v. Indian Bank and others** [2019 KHC 4805]_ and of this Court in _**Somasundaram v. Chief Commissioner of Income Tax and another** [2017 KHC 737]_ . 8. The Bank filed counter affidavit in W.P.(C) No.8019/2025. The Bank submits that the writ petition is not maintainable as the petitioners have alternate remedy. Even though the petitioners participated in the e-auction, their offer was less than that of the successful bidder. Therefore, the bid was confirmed in favour of the successful bidder. The bid has attained finality. The successful bidder has remitted the entire **==> picture [58 x 57] intentionally omitted <==** 2025:KER:31049 W.P.(C) Nos.1667 & 8019 of 2025 : 15 : bid amount on 27.02.2025. The petitioners have approached this Court after withdrawing the EMD remitted by them, which itself shows that there is no _bona fide_ on the part of the petitioners. W.P.(C) No.8019/2025 is therefore liable to be dismissed. 9. I have heard the learned counsel for the petitioners in both the writ petitions and the learned Standing Counsel representing the Bank. 10. As far as W.P.(C) No.1667/2025 is concerned, when the said writ petition came up for admission, this Court passed an interim order dated 17.01.2025 directing the Recovery Officer to defer coercive e proceedings till 10.02.2025. The petitioner remitted ₹1.25 Crores after the interim order dated 17.01.2025. On 14.02.2025, this Court extended the time for making payment by two weeks. The Bank has stated in their counter affidavit dated 10.03.2025 in W.P.(C) No.8019/2025 that the petitioner has remitted the entire **==> picture [58 x 57] intentionally omitted <==** 2025:KER:31049 W.P.(C) Nos.1667 & 8019 of 2025 : 16 : bid amount on 27.02.2025, within the time stipulated by this Court. In view of the said development, no further orders are necessary in W.P.(C) No.1667/2025. 11. As regards W.P.(C) No.8019/2025, the petitioners therein contend that as the successful bidder failed to remit the bid amount within the stipulated time, the 1[st] respondent is liable to confirm the sale of lot No.4 property in favour of the petitioners and also to issue sale certificate. The contention of the petitioners is that as per Rules, the bid amount ought to have been paid within the stipulated time and the time cannot be extended. In this regard, I find that though the Tribunal may not have power to enlarge the time, this Court, in exercise of the powers under Article 226 of the Constitution of India, has the power to enlarge the time in exceptional and appropriate cases. This Court has granted reasonable time to the successful bidder to pay the balance amount and the balance amount has been remitted by the successful bidder. 2025:KER:31049 **==> picture [58 x 57] intentionally omitted <==** W.P.(C) Nos.1667 & 8019 of 2025 : 17 : Furthermore, the petitioners have alternate efficacious remedy in challenging the sale proceedings. In the circumstances of the case, W.P.(C) No.1667/2025 is disposed of recording the statement of the Standing Counsel for the Bank that the petitioner has remitted the entire bid amount on 27.02.2025. W.P.(C) No.8019/2025 is dismissed. Sd/- **N. NAGARESH, JUDGE** aks/09.04.2025 2025:KER:31049 **==> picture [58 x 57] intentionally omitted <==** W.P.(C) Nos.1667 & 8019 of 2025 : 18 : ## **APPENDIX OF WP(C) 1667/2025** **PETITIONER’S EXHIBITS** **Exhibit P1** **A TRUE COPY OF THE PROCLAMATION OF SALE IN DRC NO. 78/2020 WITH E-SALE NO. 74/2024 DATED 21/10/2024** - **Exhibit P2 A TRUE COPY OF THE ONLINE AUCTION BID FORM SUBMITTED BY THE PETITIONER** **Exhibit P3** **A TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF RS. 5,50,000/- TOWARDS EMD ON 24/12/2024** - **Exhibit P4 A TRUE COPY OF THE EMAIL COMMUNICATION DATED 27.12.2024** **Exhibit P5 A TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF ₹89,04,010/** - **Exhibit P6 A TRUE COPY OF APPLICATION IA NO.2/2025 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT** - **Exhibit P7 A TRUE COPY OF THE ORDER DATED 09/01/2025 IA NO. 2/2025 IN DRC NO. 78/2020 PASSED BY THE 1ST RESPONDENT REJECTING THE PETITIONER’S REQUEST FOR EXTENSION OF TIME** **Exhibit P8 A TRUE COPY OF THE RECEIPT DATED 10/02/2025 EVIDENCING THE PAYMENT OF RS.1,25,00,000/- MADE BY THE PETITIONER TO THE 2ND RESPONDENT BANK** 2025:KER:31049 **==> picture [58 x 57] intentionally omitted <==** W.P.(C) Nos.1667 & 8019 of 2025 : 19 : ## **APPENDIX OF WP(C) 8019/2025** ## **PETITIONERS’ EXHIBITS** - **Exhibit P1 A TRUE COPY OF THE JUDGMENT OF THE DEBT RECOVERY TRIBUNAL IN TA 44/2017 DATED 28.9.2020** - **Exhibit P2 A TRUE COPY OF THE SALE PROCLAMATION PUBLISHED BY THE 1ST RESPONDENT DATED 21.10.2024** - **Exhibit P3 A TRUE COPY OF THE ONLINE AUCTION BID FORM UPLOADED BY THE PETITIONERS** - **Exhibit P4 A TRUE COPY OF THE DECLARATIONS SUBMITTED BY THE PETITIONERS BEFORE 1ST RESPONDENT DATED 16.12.2024** - **Exhibit P5 A TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON’BLE COURT IN WP(C) 1667/2025 DATED 14.2.2025** - **Exhibit P6 A TRUE COPY OF THE EMAIL COMMUNICATION ISSUED BY THE 1ST PETITIONER TO 1ST RESPONDENT DATED 22.2.2025** - **Exhibit P7 A TRUE COPY OF THE NOTICE ADJOURNING THE SALE UPLOADED BY THE 1ST RESPONDENT IN THE WEBSITE OF DRT DATED 18.12.2024** - **Exhibit P8 A TRUE COPY OF THE SCREENSHOT OF THE DRT WEBPORTAL OF NOTICES UPLOADED DATED NIL** **RESPONDENT EXHIBITS** **Exhibit-R2(a) TRUE COPY OF THE ‘A’ DIARY PROCEEDINGS DATED 16/12/2024 IN R.C 78/2020 OF THE 1ST RESPONDENT** **==> picture [58 x 57] intentionally omitted <==** 2025:KER:31049 W.P.(C) Nos.1667 & 8019 of 2025 : 20 : **Exhibit-R2(b)** **TRUE COPY OF THE E-AUCTION DETAILS DATED 27/12/2024 IN RESPECT OF THE AUCTION CONDUCTED BY THE 1ST RESPONDENT FOR THE PROPERTY COVERED BY EXT.P2**