IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 WP(C).No. 4055 of 2009(G) ------------------------- PETITIONER(S): 1 ---------------- 1. PRINCE PAUL,PARTNER,STAR TRADERS, PUTHUR THARYIL HOUSE, ROSE GARDEN, NADATHARA, THRISSUR. 2. SHAJU.A.U,PARTNER,STAR TRADERS, S/O.KUNJUPALU, PUTHUR THARYIL HOUSE, ROSE GARDEN, NADATHARA, THRISSUR. 3. MR.M.N.MOHAMMED MUSTHAFA,MANAGING PARTNER,STAR TRADERS,S/O.NOOR MOHAMMED,10/327(1), SMALL MOSQUE COMPLEX, METTUPALAYAM STREET, PALAKKAD. BY ADV. SRI.M.R.SARIN SRI.M.R.SASITH RESPONDENT(S): --------------- 1. MANAGER, UCO BANK,MARKET ROAD BRANCH, PALAKKAD-678014. 2. AUTHORISED OFFICER, UCO BANK, UNDER SARFAESI ACT, ZONAL OFFICE, THIRUVANANTHAPURAM. BY GEORGE K VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 4055 OF 2009 ............................................ DATED THIS THE 11TH DAY OF FEBRUARY, 2009 JUDGMENT This is a case where the petitioners challenge the proceedings under SARFAESI Act, but the bank has been repeatedly unable to sell the property in spite of repeated advertisements. I do not want to say that the game is clear, but it needs to be noticed that sale is getting pushed from day to day by rescheduling the sale while the petitioners continue to be in defacto possession and the bank hold a de jure possession, following action under Section 13(4) of SARFAESI Act. The petitioners did not comply with the condition imposed as per the interim order and are quite safe, since the bank could not conduct the sale in spite of three repeated notices. I do not find any error of jurisdiction or illegality in the impugned proceedings since the availing of the loan, default and other incidents are not disputed. Writ petition fails. The same is accordingly dismissed. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/12/2