IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 WA.No. 1368 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.20349/2010 Dated 26/07/2010 .................... APPELLANT(S): PETITIONER ------------------------ PRINCE PAUL, S/O.KUNJIPALU, AGED 40 YEARS, PUTHUR THARAYIL HOUSE, ROSE GARDENS, NADATHARA.P.O., TRICHUR DISTRICT. BY ADV. SRI.P.B.KRISHNAN RESPONDENT(S): RESPONDENTS -------------------------- 1. UNITED COMMERCIAL BANK (UCO BANK), PALAKKAD BRANCH, MARKET ROAD, PALAKKAD, PIN - 678 001. 2. THE AUTHORISED OFFICER, UCO BANK, ZONAL OFFICE, RAVIPURAM ROAD, COCHIN-682 016. 3. JACOB PAUL, THEKKANATH HOUSE, 39 HILL GARDENS, ANCHERI.P.O., TRICHUR-680 006. ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) FOR R3 SRI.GEORGE KARITHANAM VARGHESE FOR R 1 & 2 SRI.JOSE KURIAKOSE (VILANGATTIL) FOR R-1 & 2 SRI.C.I.ABRAHAM FOR R-1 & 2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25/11/2010, ALONG WITH WPC NO. 16946 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- W.A.No.1368 of 2010 & WP(C) No.16946 of 2010 (P) --------------------------------- Dated, this the 25th day of November, 2010 J U D G M E N T Ramachandran Nair, J. This Writ Appeal is filed against the judgment of the learned Single Judge upholding sale of appellant's property in recovery proceedings, which was initiated under the SARFAESI Act, by the Bank. The property is sold to the 3rd respondent, which is under challenge in the Writ Petition. 2. In the Writ Appeal, this Court gave an opportunity to the appellant to remit the arrears due to the Bank to consider whether sale could be interfered with by giving compensation to the purchaser. However, the appellant has not deposited any amount with the Bank and has no useful suggestion. Learned counsel today submitted that he has no instruction in the matter. We, therefore, do not find any merit in the Writ Appeal, and the same is accordingly dismissed. In view of the dismissal of the Writ Appeal, the Bank will W.A.No.1368 of 2010 & WP(C) No.16946 of 2010 -2- execute sale deed in favour of the purchaser. The Writ Petition is disposed of with the above direction. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg