IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 WP(C).No. 5722 of 2011(M) ------------------------- PETITIONER(S): --------------- 1. SYNDICATE BANK, PERUMANOOR BRANCH OPPOSITE SHIPYARD, COCHIN, REPRESENTED BY ITS CHIEF MANAGER, DULY AUTHORISED AND EMPOWERED TO REPRESENTED THE PETITIONER. 2. THE AUTHORISED OFFICER/CHEIF MANAGER SYNDICATE BANK, PERUMANOOR BRANCH OPPOSITE SHIPYARD, COCHIN. BY ADV. SRI.R.S.KALKURA SRI.M.S.KALESH SMT.A.V.PRIYA SRI.HARISH GOPINATH SRI.V.VINAY MENON SMT.KVP.JAYALEKSHMY SMT.KVP.JAYALEKSHMY RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO PUBLIC WORKS DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE PROJECT DIRECTOR, PWD, KSTP T.C.NO.47/1795, 2ND FLOOR, RAJADHANI COMPLEX OPP.P.R.S.HOSPITAL, KILLIPALAM, KARAMANA P.O., THIRUVANANTHAPURAM-695 002. 3. THE EXECUTIVE ENGINEER, KERALA STATE TRANSPORT PROJECT, INLAND WATER TRANSPORT PILOT PROJECT, INLAND NAVIGATION DIVISION, PWD REST HOUSE, KOTTAYAM-686 039. 4. THE CHIEF MANAGER, KERALA STATE TRANSPORT PROJECT, JAGATH BUILDING, 2ND FLOOR, KESTON ROAD, KAWDIAR, THIRUVANANTHAPURAM-695 003. 5. THE SUPERINTENDING ENGINEER KERALA STATE TRANSPORT PROJECT, KOTTARAKKARA-691 506. BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.5722 of 2011-M ---------------------------------------- Dated this the 23rd day of May, 2011. J U D G M E N T The petitioner Bank is seeking a limited relief to the extent of directing respondents 2 to 5 to remove all machineries and other materials stored within an immovable property which they have taken over possession by virtue of proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), from the defaulter, M/s.Bhageeratha Engineering Company Ltd. According to the petitioner Bank, due to the indefinite keeping of machineries and materials in the property, they were prevented from proceeding with sale of the property. 2. In a statement filed on behalf of the 3rd respondent it is admitted that the property in question had already been taken over possession by the petitioner Bank, through proceedings initiated before the Chief Judicial Magistrate Court, under Section 14(1) of the SARFAESI Act. W.P(C) No.5722 of 2011-M 2 It is further stated that there are heavy materials and machineries stocked in the property in question, and immediate removal of those items is very difficult. It is further mentioned that the 3rd respondent is in a difficulty to find out a warehouse or another place to store such materials. However, it is admitted that steps are being taken to complete auction of the materials at the earliest and the auction sale will be conducted without any further delay. In the statement the 3rd respondent seeks two months time for removal of the materials. 3. The statement as mentioned above was filed as early as on 2.4.2011. Learned Government Pleader appearing on behalf of the 3rd respondent is not in a position to submit as to whether the materials were already removed or not. On the other hand, counsel for the petitioner Bank submits that the materials are still remaining in the premises. 4. Under such circumstances I am of the view that interest of justice will be served if a positive direction is W.P(C) No.5722 of 2011-M 3 issued to respondents 2 to 5 to remove the materials stored in the property in question, which is taken over possession by the petitioner Bank, without any further delay. 5. In the result, the writ petition is disposed of directing respondents 2 to 5 to remove the machineries and materials stocked in the property in question, at the earliest, at any rate within a period of one month from today. C.K.ABDUL REHIM JUDGE ab W.P(C) No.5722 of 2011-M 4