IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 13443 of 2009(A) ---------------------------------------- PETITIONER(S): ------------------------- S.ABDUL WAHAB, AGED 59 YEARS, S/O.SULAIMAN KUNJU, MADATHINKAL, S.R.M.ROAD, ERNAKULAM, KOCHI-18. BY ADV.MR.E.S.M.KABEER RESPONDENT(S): --------------------------- 1. CHIEF MANAGER, UCO BANK, KAVERI BUILDINGS, CLOTH BAZAR ROAD, ERNAKULAM, KOCHI-31. 2. THE AUTHORISED OFFICER, UCO BANK, KAVERI BUILDINGS, CLOTH BAZAR ROAD, ERNAKULAM, KOCHI-31. R1 & R2 BY ADVS. MR.GEORGE KARITHANAM VARGHESE, MR.V.J.JOHN, MR.C.I.ABRAHAM, MR.JOSE KURIAKOSE (VILANGATTIL). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13443/2009 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTIFICATION DTD. 07/11/08. P2: COPY OF THE NOTIFICATION DTD. 02/01/09. P3: COPY OF THE SALE CERTIFICATE ISSUED BY THE 2ND RESPONDENT DTD. 02/03/09. P4: COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DTD. 26/02/09. P5: COPY OF THE LETTER DTD. 26/02/09. P6: COPY OF THE REPLY OF THE RESPONDENT DTD.22/04/09. P7: COPY OF THE NOTICE DTD. 12/02/09 FOR THE TAX DUE FROM 2004-05. P7(A): COPY OF NOTICE DTD. 12/02/09 FOR THE TAX DUE FROM 2009. P8: COPY OF THE ELECTRICITY BILL DTD. 29/01/09. P8(A): COPY OF THE ELECTRICITY CHARGES REMITTED BY THE PETITIONER DTD. 16/01/09. P9: COPY OF WATER CHARGES REMITTED BY THE PETITIONER DTD. 14/11/08. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.R. RAMACHANDRA MENON, J. ........................................................................ W.P. (C) No. 13443 OF 2009 ......................................................................... Dated this the 2nd June, 2009 J U D G M E N T The petitioner has approached this Court challenging the action being pursued by the Bank in not acceding to the request made from the part of the petitioner for conveyance of the land in question in the name of his son. 2. The petitioner took part in the sale proceedings notified by the respondent Bank involving 1.42 Ares of land, which was originally given as security creating equitable mortgage over the same by the concerned party , who had availed a loan from the Bank. Subsequently, when the borrower turned to be a defaulter, the loan transaction was declared as 'NPA' and the Bank had proceeded with appropriate steps, which led to sale proceedings and the petitioner turned to be the successful bidder, pursuant to which, he remitted the entire sale consideration. The above factual aspect as to the remittance of entire sale consideration is conceded from the part of the respondents as well. 3. Mr.George Karithanam Varghese, the learned counsel appearing on behalf of the respondents submits that necessary W.P. (C) No. 13443 OF 2009 2 sale certificate has been issued in the name of the petitioner as borne by Ext. P3. It is further pointed out that the Bank is not in a position to effect conveyance in the name of the son of the petitioner, particularly in view of the statutory hurdles imposed under the relevant provisions of the SARFAESI Act. 4. The stand taken by the respondent Bank does not suffer from any legal or factual infirmity. In the said circumstances, no interference is called for, with regard to the claim put forward by the petitioner for conveyance in the name of his son. The respondent Bank is directed to pursue all further steps, if such steps are pending, in connection with conveyance and delivery of the property to the petitioner and it shall be finalised, as expeditiously as possible and at any rate, within a period of one month from the date of receipt of a copy of the judgment. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk