IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 WP(C).No. 10861 of 2009(C) ---------------------------------------- OA.12/2006 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER: ------------------- STATE BANK OF TRAVANCORE, ASSET RECOVERY MANAGEMENT BRANCH, SBT BHAVAN, PANAMPILLY NAGAR, ERNAKULAM, REP.BY ITS ASSISTANT GENERAL MANAGER. BY ADVS. MR.SATHISH NINAN, MR.SANTHOSH MATHEW. RESPONDENTS: ------------------------ 1. SUB-REGISTRAR, SUB REGISTRAR'S OFFICE, PERUMBAVOOR. 2. M/S.MOOLAN FOOD PRODUCTS (PVT.)LTD., MUNDANGAMATTOM, NEELESWARAM P.O., KALADY. 3. M.O.CHAKKUNNY, S/O.OUSEPH, AGED 64 YEARS, MOOLAN HOUSE, KOODALAPPAD, KOOVAPPADY P.O. 4. M.C.BABY, MOOLAN HOUSE, KOODALAPPAD, KOOVAPPADY P.O. 5. THE KERALA FINANCIAL CORPORATION, PERUMBAVOOR BRANCH, REP.BY ITS BRANCH MANAGER, PERUMBAVOOR. 6. SRI.T.J.THOMAS, S/O.T.J.JOHN, PODIPARA HOUSE, PEECHI P.O., THRISSUR. W.P.(C). NO.10861/2009-C: 7. SMT.TINTU.P.JOSE, D/O.P.J.JOSE, PUTHUSSERY HOUSE, POTTA P.O., CHALAKKUDY, THRISSUR. *ADDL.R8 & R9 IMPLEADED: 8. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 9. THE DY. TAHASILDAR (REVENUE RECOVERY), KERALA FINANCIAL CORPORATION, ERNAKULAM. *ADDL.R8 AND R9 ARE IMPLEADED VIDE ORDER DTD. 08/04/09 IN I.A. NO. 5156/09. R1, R8 & R9 BY GOVT. PLEADER SMT. K.R. DEEPA, R5 BY ADV. MR.K.JAJU BABU,SC, R6 & R7 BY MR.M.M.ABDUL AZIZ, SENIOR ADVOCATE, ADVS.MR.M.A.ABDUL HAKHIM, MR.JYOTHISH.J.KALLINGAL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.10861/2009-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE FINAL ORDER PASSED BY THE DEBTS RECOVERY TRIBUNAL IN O.A. 12/2006 DTD. 01/08/2007. EXT.P.2: COPY OF THE JUDGMENT IN W.P. NO. 9678/2008 DTD. 02/04/2008. EXT.P.3: COPY OF THE JUDGMENT IN W.A. NOS. 1154 AND 1164/2008 DTD. 30/06/2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J ........................................... I.A 7551 OF 2009 in WP(C).NO. 10861 OF 2009 ............................................ DATED THIS THE 29th DAY OF JUNE, 2009 ORDER Having heard the learned counsel for the parties, it emerges that the clarification that is sought for by the petitioner in this interlocutory application is essentially one by which the issue as to whether any attachment on behalf of KFC would be governed by the phrase “attachment in favour of the State” in the penultimate sentence of the order dated 8.4.2009 issued in the writ petition. 2. Respondents 2 to 4 have different debts. An item of property was mortgaged to the writ petitioner, State Bank of Travancore. They brought that property to sale under the SARFAESI Act. Respondents 6 and 7 in the writ petition, who are the applicants in this interlocutory application, purchased that property under that sale. The Sub Registrar has refused to register that transfer on account of different attachments. The KFC is also a creditor of respondents 2 to 4 in the writ petition. KFC does not have any claim over the property over which State IA 7551/09 IN Wpc 10861/2009 2 Bank of Travancore has the first charge. Therefore the property dealt with by State Bank of Travancore under the SARFAESI Act and sold to the applicants in this interlocutory application is in no way regulated by any demand or claim of the KFC, unless the sale of that parcel generates amounts in excess of what is due to the State Bank of Travancore; which has not. Any other item of property which is not covered by the mortgage in favour of State Bank of Travancore may also be available for the KFC. But that is a different matter. 3. When it was said in the order dated 8.4.2009 that the Sub Registrar is directed to register the document unless there are any attachment in favour of the State, it only referred to attachments made to recover amounts due to the State exchequer. This is why the phrase “ in favour of” was used. It is hence clarified that in the absence of any attachment towards any dues to the State of Kerala, the document has to be registered. I.A ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/29/6