IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 3171 of 2009(C) ------------------------------------- PETITIONER: ------------------- ICY JOSEPH, W/O JOSEPH,KARUKAPARAMBIL HOUSE,PUNNAPPRA.P.O,ALAPPUZHA. BY ADV. MR.GEORGE SEBASTIAN. RESPONDENTS: ----------------------- 1. THE AUTHORISED OFFICER,STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE,BEACH ROAD, ALAPPUZHA. 2. STATE BANK OF INDIA, NH 47 BRANCH, ALAPPUZHA REPRESENTED BY ITS MANAGER. 3. LISSY, W/O.HARIPRIYAN, NANDANAM, SANATHANPURAM.P.O, ALAPPUZHA. R2 BY ADV. MR. K.K. CHANDRAN PILLAI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.3171 of 2009-C = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of January, 2009. JUDGMENT Adv.Sri.K.K.Chandran Pillai appears for respondents 1 and 2. Notice to the third respondent is dispensed with preserving her right to move for review of this judgment, if aggrieved. The petitioner has obtained Ext.P2 attachment before judgment on an item of property belonging to the third respondent, which is a security interest in favour of the second respondent. The second respondent has proceeded against that item under the SARFAESI Act. The property is listed for sale. The petitioner, though has pleaded that there is collusion between the second and third respondents, gives up that contention and requests that there may be a direction to the WP(C)3171/2009 -: 2 :- bank to retain any amount that is generated by the sale over and above the amounts due to the petitioner so that the order of attachment could be effectively enforced. She has also complained that the upset price fixed in the sale proceedings by the bank is disproportionately low. While that is not an issue which could be gone into here, it is necessary that if any amount is generated by the second respondent over and above by recourse to sale of the security interest, that will be retained by the bank, subject to any orders that may be passed pursuant to Ext.P2 attachment order. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/120209