IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 12932 of 2009(J) ---------------------------------------- PETITIONER(S): ------------------------- V.A.K. ABDUL RASHEED, AGED 58 YEARS, S/O. KUNJUMOHAMMED ABDUL RAWTHER, AL-ABRAR, KOOTTUMKAL, PERUMPAIKATTUSSERY, KOTTAYAM. BY ADV.MR.M.J.THOMAS RESPONDENT(S): ------------------------- 1. STATE BANK OF TRAVANCORE, REP. BY THE BRANCH MANAGER, KANJIKUZHY BRANCH, KOTTAYAM. 2. THE AUTHORIZED OFFICER (CHIEF MANAGER), STATE BANK OF TRAVANCORE, KANJIKUZHY BRANCH, CKG TOWERS, KANJIKUZHY, KOTTAYAM. R1- R2 BY ADV. MR.K.S.DILIP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.12932/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE JUDGMENT DTD. 27.6.08 OF THIS HONOURABLE COURT IN WPC. 19366/08. P2:- COPY OF THE POSSESSION NOTICE PUBLISHED IN NEWSPAPER DTD. 23.9.08. P3:- COPY OF THE REPRESENTATION DTD. 29.10.08. P4:- COPY OF THE REPRESENTATION DTD. 25.2.09 TO THE HONOURABLE CHIEF MINISTER OF KERALA. P5:- COPY OF THE REPRESENTATION DTD. 7.4.09 TO THE CHAIRMAN, STATE BANK OF TRAVANCORE THROUGH THE CHIEF MINISTER OF KERALA. P6:- COPY OF THE PUBLIC AUCTION NOTICE DTD. 21.4.09. P7:- COPY OF THE REPRESENTATION DTD. 24.4.09 TO THE CHAIRMAN AND BOARD OF DIRECTORS OF SBT. P8:- COPY OF THE PLAINT IN OS. 643/08 OF THE SUB COURT, KOTTAYAM. P9:- COPY OF THE ATTACHMENT ORDER ALONGWITH ATTACHMENT SCHEDULE OF THE PROPERTY. ANNEXURE 1:- COPY OF THE LETTER ISSUED TO THE PETITIONER. R1(a):- COPY OF THE REPLY ISSUED TO THE PETITIONER. TRUE COPY P.S.TO JUDGE tss P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 12932 OF 2009 ......................................................................... Dated this the 12th August, 2009 J U D G M E N T The petitioner is challenging Ext. P6 sale notice issued, in the course of the steps taken by the respondent Bank for realisation of a sum of Rs. 5.8 lakhs in respect of the loan availed by the petitioner. The case of the petitioner is that he had availed two loans, the first one to the tune of Rs.4.75 lakhs creating security interest over the property in question and another, to the tune of Rs. 2 lakhs, for which only the 'stock in trade' is stated as given as security. The learned Counsel for the petitioner submits, with regard to the second loan, that the matter is pending consideration before the Civil Court and that the issue in the present Writ Petition is only with regard to the first loan. 2. The learned Counsel for the respondent Bank submits W.P.(C) No. 12932 OF 2009 2 that the matter has already become final by virtue of Ext.P1 judgment passed by this Court in W.P.(C) No.19366 of 2008, wherein interference was ordered, subject to the condition that the petitioner remitted a sum of Rs. One lakh within one month, with liberty to file a representation before the second respondent for waiver of the penal interest, giving consequential directions and also making it clear that the balance amount due from the petitioner should be paid by way of 'five' equal monthly installments. 3. In the above circumstance, nothing further remains to be considered in the present Writ Petition and hence the grievance or dispute now projected by the petitioner is no more open to be considered by this Court. With regard to the ground of challenge raised by the petitioner that the sale proceedings taken by the respondent Bank are not in conformity with the relevant provisions of law, the remedy of the petitioner lies elsewhere. Without prejudice to the right of the petitioner to W.P.(C) No. 12932 OF 2009 3 pursue such statutory remedy, interference is declined. The Writ Petition is dismissed. P.R. RAMACHANDRA MENON, JUDGE. lk