Case Summary
Vivek Sukumar, the petitioner, filed a petition to remove the attachment on his property. The property was previously attached under a suit filed by the plaintiff K.V Cherian for recovery of a sum of 2,62,567/-.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to remove the attachment on the property, stating that the attachment ordered in a previous suit was lifted.
Why Plaintiff Won:
The petitioner proved that the property had been sold under the provisions of the SARFAESI Act, and that prior attachments do not affect the title of the purchaser.
The petitioner proved that the property had been sold under the provisions of the SARFAESI Act, and that prior attachments do not affect the title of the purchaser.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
When a secured asset is sold by the secured creditor, no encumbrance created subsequent to the date of creating the mortgage in favour of the secured creditor would affect the title of the purchaser.
Judgment Evidence:
The attachment ordered in IA.1/2024 in OS 926/2024 dated 04.09.2024 is lifted. Intimate the same to the SRO and VO concerned.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.V Cherian
- Party Role
- Plaintiff
- Party Name
- Shajimon C.A @ Shaji Antony
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Party Role
- Defendant
- Party Name
- Vivek Sukumar
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Copy of Order in Securitization Application No. 595/2024, Copy of Sale Certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S. Gopakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T. M Binitha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nithin Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nand Kishor
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Parvathy Nair K.A
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Manju Antony
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Dhanya P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Benisha Chandhini
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S. Krishnakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Lifted the attachment ordered in IA.1/2024 in OS 926/2024.
Evidence:
The petition is allowed as prayed for. Hence, the petition is allowed. The attachment ordered in IA.1/2024 in OS 926/2024 dated 04.09.2024 is lifted.
Documents & Evidence
Document Type:
Copy of Order in Securitization Application
Submitted By:
Defendant
Relevance:
Submitted by the third respondent bank to support the case of the petitioner.
Reference:
Ext.B1
Document Type:
Copy of Sale Certificate
Submitted By:
Defendant
Relevance:
Produced from the side of the third respondent for consideration of the petition.
Reference:
Ext.B2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Secured asset under SARFAESI Act
Case Code
Case between Vivek Sukumar vs K.V Cherian et al regarding removal of attachment
Case Code Year
Case between Vivek Sukumar vs K.V Cherian et al regarding removal of attachment