IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WP(C).No. 25703 of 2008(I) -------------------------- PETITIONER(S): --------------------- ROBERT.T.MATHEW S/O.MATHEWS KATHANAR, AGED 50 YEARS THAZHATHU VEEDU, ANGADI PO, RANNY, PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.B.SREEKUMAR RESPONDENT(S): ------------------------ 1. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, ERNAKULAM. 2. THE CHIEF MANAGER STATE BANK OF TRANVANCORE, RANNY BRANCH. 3. VILLAGE OFFICER ANGADY VILLAGE, RANNI TALUK PATHANAMTHITTA DISTRICT. 4. SONY THOMAS, S/O.LAE THOMAS T. ABRAHAM, KURUDAMANNIL, POOVAMMALA, PULLOOPRAM PO, RANNY, PATHANAMTHITTA DISTRICT. 5. SABUKUTTY JOY S/O.JOY, PUTHUCHIRAYIL, VAIKAM MURI, MANNIRAM PO,RANNY VILLAGE,PATHANAMTHITTA DISTRICT. R1 BY GOVT. PLEADER SRI. BEJOY CHANDRAN. ADV. SRI.M.PATHROSE MATTHAI (SR.) FOR R2 SRI.SAJI VARGHESE FOR R2 ADV. SRI.JACOB P.ALEX FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 25703 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of October, 2008 JUDGMENT Petitioner challenges the auction sale conducted by the first respondent as per Ext.P4 and he seeks other reliefs. 2. I heard learned counsel for the petitioner Sri.Sreekumar, learned Senior Counsel Sri.Pathrose Mathai appearing on behalf of the Bank and Sri. Jacob P. Alex, counsel appearing for the fourth respondent, auction purchaser. 3. Learned counsel for the Bank on instructions submits that if the petitioner deposits Rs.11 Lakhs, the loan account can be closed. Learned counsel for the auction purchaser submits that the auction purchaser has taken a loan and he has deposited a sum of Rs.9,41,710/-. He has also incurred other expenses. He would submit that if an amount of Rs.35,000/- is paid by the petitioner, he has no objection in the sale being set aside, no doubt the amount lying in deposit also should be given back to him. 4. Learned counsel for the petitioner is agreeable to pay Rs.11 Lakhs within a week and also to pay Rs.35,000/- to the fourth respondent. WPC.25703/2008. 2 In the light of this, the writ petition is disposed of as follows: The sale conducted by the first respondent pursuant to Ext.P4 in favour of the fourth respondent will stand set aside on condition that the petitioner deposits a sum of Rs.11 Lakhs within a period of one week from today with the second respondent Bank and also pays a sum of Rs.35,000/- to the fourth respondent within a period of one week from today. Upon intimation being given by the second respondent as also the fourth respondent of the petitioner having complied with the conditions, the amount deposited by the fourth respondent will be forthwith paid over to the fourth respondent by the first respondent. (K.M. JOSEPH, JUDGE) sb