IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 25566 of 2008(R) ------------------------------------ PETITIONER: ------------------- 1. FEDERAL BANK LTD., ALUVA ERNAKULAM, REP. BY ITS CHIEF MANAGER REGIONAL OFFICE, THRISSUR. 2. AUTHORISED OFFICER/CHIEF MANAGER, FEDERAL BANK LTD., POST BOX NO.30, MISSION QUARTERS, TB.ROAD, S.T.NAGAR, THRISSUR.1. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY SMT.REENA THOMAS SRI.L.RAM MOHAN RESPONDENTS: ---------------------- 1. DISTRICT MAGISTRATE/DISTRICT COLLECTOR, THRISSUR. 2. SUPERINTENDENT OF POLICE THRISSUR. BY GOVERNMENT PLEADER SRI. I.V. PREMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.25566 of 2008 ================== Dated this the 3rd day of September, 2008. J U D G M E N T The petitioners are a Bank and its Authorised Officer under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. They filed an application before the 1st respondent under Section 14 of the Act seeking assistance to take possession of the security interest, in respect of which proceedings under the Act has been initiated. The same has been rejected by Ext.P12 order holding that the petitioners have already sold the property and therefore the petition under Section 14 cannot be entertained. 2. I have heard the learned Government Pleader also. 3. This court has in the decision of Kottakkal Co-operative Urban Bank Ltd. v. Balakrishnan [2008 (2) KLT 456] held that even where sale is over the financial institution can seek assistance of the District Magistrate under Section 14 of the Act. That being so, Ext.P12 is clearly against the dictum laid down in Balakrishnan's case (supra). In the above circumstances, Ext.P12 is quashed. The 1st respondent is W.P(C)No.25566 of 2008 - 2 - directed to reconsider Ext.P10 application in accordance with dictum laid down in Balakrishnan's case (supra), as expeditiously as possible, at any rate, within two weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs