IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 WP(C).No. 34563 of 2008(M) -------------------------- PETITIONER: --------------- BENSON NAVATHARAKAN, S/O. VARGHESE NAVATHARAKAN, KAPPYADU VEEDU, MANJAMCODU P.O. BY ADV. SRI.M.BALAGOVINDAN RESPONDENTS: --------------- 1. AUTHORIZED OFFICER/CHIEF MANAGER, THIRUVANANTHAPURAM REGIONAL OFFICE, FDERAL BANK, THIRUVANANTHAPURAM. 2. NAGEDNRAN PILLAI, MANAGER, FEDERAL BANK, CHEMPOOR BRANCH, CHEMPOOR. 3. YESUDASAN, JUSTIN COTTAGE, CHEMBOOR, KEEZHAROOR VILLAGE. ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) FOR R1-2 SRI.J.HARIKUMAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/06/2010,ALONG WITH COC NO.207 OF 2009 & W.A. NO.377/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC NO.34563/2008) PETITIONER'S EXHIBITS: P1: TRUE COPY OF JUDGMENT IN O.S. 60/2002 ON THE FILE OF SUB COURT, NEYYATTINKARA DT.3.9.03. P2: TRUE COPY OF E.P. DT.8.6.05. P3: TRUE COPY OF MAHAZAR DT.22.5.08. P4: TRUE COPY OF REPRESENTATION DT.NIL BEFORE R1. P5: TRUE COPY OF JUDGMENT IN W.P.(C) 17017/2008 BEFORE THIS HON'BLE HIGH COURT OF KERALA DT.11.8.2008. P6: TRUE COPY OF REPRESENTATION(WITH POSTAL RECEIPT) TO THE REGIONAL MANAGER, FEDERAL BANK DT.7.10.2008. RESPONDENT'S EXHIBITS: R3(a): TRUE COPY OF ORDER DT.13.6.08 OF THIS HON'BLE COURT IN W.P.C. NO.17017/2008. TRUE COPY PS TO JUDGE C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... W.P.(C) No.34563 of 2008, C.O.C. No.207 of 2009 & Writ Appeal No.377 of 2010 .................................................................... Dated this the 21st day of June, 2010. JUDGMENT Ramachandran Nair, J. Heard counsel appearing for the petitioner-appellant, Standing Counsel appearing for the Federal Bank and counsel appearing for the third respondent in W.P.(C) No.34563/2008. After hearing all sides, we notice that the debtor-petitioner has paid substantial amount towards clearance of arrears and the balance as of now in terms of the statement of the Bank is only Rs.2,11,353/-. The petitioner has raised a contention that cost towards SARFAESI proceedings debited in the account is Rs.55,000/-. Standing Counsel for the Bank submitted that the cost is mostly attributable to publication charges in leading news papers. We notice this amount is exorbitant because for a total claim of around Rs.4 lakhs, the Bank has spent something like 12% on cost of SARFAESI proceedings. Further, the petitioner's counsel also pointed out that there may be duplicity of court fee because it forms part of the W.P.(C)34563/08 & conn. 2 cost covered by decree. Further, Advocate fee charged for conducting case in the High Court is Rs.15,000/-. We feel the debtor-petitioner is certainly entitled to reduction atleast in respect of the charges debited towards SARFAESI proceedings. So far as the court fee is concerned, we feel the same requires reconsideration by the Bank in as much as if it is already included in the cost covered by the decree, then the same should be reduced. Counsel for the petitioner has undertaken to clear the arrears subject to correction of mistakes, if any, within three weeks. In the circumstances, we close the Writ Petition, Writ Appeal and also the Contempt Case on condition that the amount of Rs.2,11,353/- reduced by Rs.25,000/- which we fix as excess expenditure incurred by the Bank towards SARFAESI charges, will be remitted by the petitioner within three weeks from date of receipt of copy of this judgment. However, there will be direction to the Bank to verify the decree and the court fee demanded and if there is duplicity, the same will be deleted and petitioner will be informed of it within two weeks for making payment. Registry will refund Rs.50,000/- to counsel for W.P.(C)34563/08 & conn. 3 the Bank for credit in defaulter's account and the defaulter has to pay only the balance amount. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms