IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 33036 of 2007(G) -------------------------------------- PETITIONER: ------------------- M/S. DHANASHEMAM KURIES AND LOANS PVT. LTD., RICE BAZAR JUNCTION, CHEMBUKKAVU VILLAGE, THRISSUR TOWN, REPRESENTED BY ITS MANAGING DIRECTOR, K.L.CHACKO, S/O. LONAPPAN, AGED 56, KUNNATH HOUSE, RESIDING AT MISSION QUARTERS, CHEMBUKAVU VILLAGE, THRISSUR DISTRICT. BY ADV. MR.U.BALAGANGADHARAN. RESPONDENTS: ------------------------ 1. M/S. STATE BANK OF INDIA, REPRESENTED BY ITS BRANCH MANAGER, THRISSUR MAIN BRANCH, DHARMODAYAM BUILDING, ROUND EAST, THRISSUR- 680 001. 2. ASST. GENERAL MANAGER, (AUTHORIZED OFFICER UNDER SARFAESI ACT), STATE BANK OF INDIA, THRISSUR MAIN BRANCH, DHARMODAYAM BUILDING, ROUND EAST, THRISSUR-680 001. 3. LOUIS UKKEN, AGED ABOUT 28, S/O. VARGHESE UKKEN, RESIDING AT VILLA NO.15, SKY LINE HARMONY, NEAR SOUTH INDIAN BANK HEAD OFFICE, THRISSUR. 4. MR. VARGHESE UKKEN, AGED ABOUT 61, S/O. LONAPPAN, UKKEN HOUSE, RESIDING AT VILLA NO.15, SKY LINE HARMONY, NEAR SOUTH INDIAN BANK HEAD OFFICE, THRISSUR. 5. LISSIE VARGHESE UKKEN, AGED ABOUT 45, W/O. VARGHESE UKKEN, UKKEN HOUSE, RESIDING AT VILLA NO.15, SKY LINE HARMONY, NEAR SOUTH INDIAN BANK HEAD OFFICE, THRISSUR. R1 & R2 BY ADV. MR.K.K.CHANDRAN PILLAI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.33036/2007-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PLAINT IN O.S. NO. 106/2005 BEFORE SUB COURT, THRISSUR. EXT.P.2: COPY OF THE I.A. NO. 716/2005 IN O.S. NO. 106/2005 BEFORE SUB COURT, THRISSUR. EXT.P.3: COPY OF THE ENCUMBRANCE CERTIFICATE DT. 04/08/2007. EXT.P.4: COPY OF THE SALE NOTICE PUBLISHED IN MATHRUBHUMI DAILY. RESPONDENTS' EXHIBIT: EXT.R1.A: COPY OF THE ORDER IN I.A. 5076/07 IN O.S. 106/05 DTD. 22/09/2007 OF THE SUB COURT, THRISSUR. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ----------------------------- W.P.(C) No.33036 of 2007 -------------------------------------- Dated this the 9th day of February, 2009 JUDGMENT Petitioner approached this Court challenging the sale notified by the Bank as per Exhibit P4. At the stage of admission, this Court passed an order dated 31/03/2008 directing that out of 1.65 Crores realised from the sale, after keeping Rs.43,26,885/- in deposit to meet the Sales Tax, Income Tax and petitioner's claim, the bank can appropriate the balance amount towards the amount due to it. 2. Counsel for the Bank now points out that Income tax and Sales tax liabilities have been fully discharged. 3. Then what remains is the claim of Rs.5,00,000/- made by the petitioner in respect of which he had obtained an order of attachment in O.S. No.106/2005 on the file of Additional Sub Judge, Thrissur. The bank has produced Exhibit R1(a) order passed by the Additional Sub Judge, Thrissur in I.A.No.5076/2007 in O.S. No.106/2005, lifting the attachment obtained by the petitioner and declaring petitioner's first charge W.P.(C) No.33036 /2007 Page numbers over the property. Now that the attachment was lifted and the petitioner's first charge over the property has been declared as per Exhibit R1(a) order referred to above, no further orders are necessary in this writ petition. Needless to say that the bank is now at free to appropriate the amount available in deposit. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE scm The words “petitioner's first charge” occurring in line numbers 7 and 9 of paragraph 3 of the judgment dated 9/02/2009 in W.P.(C) No.33036/2007 are corrected as “1st respondent's first charge” as per order dated 11/08/2009 in I.A. No.9487/2009. Sd/- Registrar (Judicial)