IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 1454 of 2010(F) ------------------------- PETITIONER(S): --------------- PRAKASH.P.A., S/O. P.N.APPUKUTTN, VADAKKEDATHU HOUSE, IMKOMBU, KADANAD.P.O., KOTTAYAM DISTRICT. BY ADV. SRI.P.C.HARIDAS RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF FINANCE GOVERNMENT SECRETARIAT, NEW DELHI. 2. STATE BANK OF TRAVANCORE, REPRESENTED BY ITS ZONAL MANAGER, ZONAL OFFICE, KOTTAYAM. 3. BRANCH MANAGER,STATE BANK OF TRAVANCORE RAMAPURAM BRANCH, RAMAPURAM, KOTTAYAM DISTRICT. 4. BRANCH MANAGER STATE BANK OF TRAVANCORE ANTHINADU BRANCH, ANTHINADU, KOTTAYAM DISTRICT. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 SRI.SATHISH NINAN FOR R2 to R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1454 of 2010 A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPIES OF CASH RECEIPTS DATED 21/08/2009 ISSUED BY THE FOURTH RESPONDENT EXT.P2 TRUE COPY OF THE LETTER DATED 21/08/2009 OF THE FOURTH RESPONDENT. EXT.P3 TRUE COPY OF O.A.NO.235/2009 EXT.P4 TRUE COPY OF THE VALUATION REPORT. EXT.P5 TRUE COPY OF THE NOTICE DATED 31/12/2009 ISSUED BY THE FOURTH RESPONDENT. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.1454/2010-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 29th day of January, 2010 J U D G M E N T Aggrieved by Ext.P5 notice issued by the Bank proposing to auction the gold ornaments pledged by the petitioner with the Anthinadu Branch of the State Bank of Travancore, this writ petition has been filed. 2. According to the petitioner, he had availed two loans from the said branch by pledging gold ornaments belonging to his wife. The first loan was availed on 16/05/2008 for an amount of Rs.57,000/-, by pledging 82.700 gms of gold ornaments and the other one was availed on 19/05/2008 for an amount of Rs.43,000/- by pledging 69.100 gms of gold ornaments. The amounts covered by these two loans have been remitted by the petitioner. The same is evidenced by Ext.P1 receipt. But the gold ornaments have been retained by the bank in the light of the fact that the petitioner and his wife are defaulters to the third respondent-S.B.T., Ramapuram Branch. It appears that various proceedings were pending in different Forums with regard to the said items of loans also. It is at this stage, Ext.P5 notice was issued. It is submitted that the remaining loans are well secured and hence the proposed auction is illegal. W.P.(C). No.1454 /2010 -:2:- 3. Heard the learned Standing Counsel for the Bank also. The total quantity is 151.800 gms of gold which are proposed to be sold in auction. There will be a direction to respondent Nos.2 to 4 to release the gold ornaments if the petitioner remits an amount of Rs.1,50,000/- (Rupees one lakh fifty thousand only) within a period of one month. The Bank will be free to adjust the amount towards the claim covered by Ext.P3. If the petitioner fails to remit the amount as directed above, the Bank will be free to proceed with the auction. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms