IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WA.No. 2620 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.20884/2008 Dated 22/06/2009 .................... APPELLANT/IST RESPONDENT: --------------------------------- THE SOUTH INDIAN BANK LTD., REGIONAL OFFICE, HOTEL SAFA INTERNATIONAL BUILDING, TRIVANDRUM, REPRESENTED BY ITS AUTHORISED OFFICER. BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) RESPONDENTS/PETITIONER AND 2ND RESPONDENT: ---------------------------------------------------------- 1. V.G. PAPPACHAN, S/O. GEE VARGHESE, BLAHETHE ELIKKOOTTOOR, PATHANAPURAM TALUK, KOLLAM DISTRICT. 2. K.J. MATHEW, KUNNATHOOR HOUSE, PYAMANTHOOR, PIRAVANTHOOR POST, KOLLAM DISTRICT. R1 BY ADV. SRI.T.A. UNNIKRISHNAN. R2 BY ADV. SRI. SUBASH CYRIAC. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2620 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of November, 2009 JUDGMENT S.R.Bannurmath, C.J. The Financial Institution/respondent No.1 Bank in the Writ Petition has challenged the impugned judgment of the learned Single Judge directing the appellant to hold fresh auction sale by setting aside the sale held on 27.06.08. 2. The writ petitioner/respondent No.1, being aggrieved by the course of steps taken including the auction sale held by the appellant Bank contrary to Rule 8 (5) Sub clause (a) to (c) of the Security Interest(Enforcement) Rules, 2002, had approached this Court and the learned Single Judge noticing the peculiar facts and circumstances of the case, namely, absence of transparency by not giving enough notice to the public regarding the auction sale, deemed it fit to set aside the sale held on 27.06.08 and directed the appellant Bank to proceed with further fresh steps, in accordance with law, by complying with the provisions under the Rule. WA No. 2620 of 2009 -:2:- 3. Noticing that the learned Single Judge has referred to the entire history of the auction sale proceedings, in our view, the learned Single Judge was justified in holding that there was contravention of the rules. More over, as the learned Single Judge has given one more opportunity to the appellant Bank to proceed with fresh steps for recovery of the dues to the Bank from the respondent, in our view, the Writ Appeal is devoid of merit and hence the same is dismissed by making it clear that the observation of the learned Single Judge in respect of non- compliance of the rules was confined to the case on hand. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb/vku.