IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WP(C).No. 32175 of 2010(V) --------------------------------------- PETITIONER(S): ----------------------- 1. VARGHESE, AGED 35 YEARS, S/O.JOSEPH, KANDANAMPARAMBIL, VADACKAL WARD, ALAPPUZHA. 2. LAVAN, AGED 36 YEARS, S/O.ANANDAN, CHEMMARAPPALLIL, VADACKAL WARD, ALAPPUZHA. BY ADV. SRI.B.PRAMOD RESPONDENT(S): ------------------------- 1. THE AUTHORISED OFFICER, STATE BANK OF TRAVANCORE, PAZHAVEDDU BRANCH, ALAPPUZHA. 688 001. 2. STATE BANK OF TRAVANCORE, PAZHAVEDDU BRANCH, ALAPPUZHA, REPRESENTED BY ITS MANAGER, 688 001. 3. JOSEPH HITLER, VATTATHIL HOUSE, KALARKODE, SANATHANPURAM P.O., ALAPPUZHA, 688 001. R2 BY ADV. SRI.SATHISH NINAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.32175/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LEASE DEED DTD. 24.12.2008 EXECUTED BETWEEN THE IST PETITIONER AND THE 3RD RESPONDENT. P2:- COPY OF THE LEASE DEED DTD. 11.2.2008 EXECUTED BETWEEN THE 2ND PETITIONER AND THE 3RD RESPONDENT. P3:- COPY OF THE REGISTRATION CERTIFICATE DTD. 29.5.2008 ISSUED TO THE 2ND PETITIONER BY THE HEAD POST MASTER, ALAPPUZHA. P4:- COPY OF THE NOTICE DTD. 28.6.2010 ISSUED BY THE ADVOCATE COMMISSIONER. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss S.SIRI JAGAN, J. ================== W.P.(C).No. 32175 of 2010 ================== Dated this the 12th day of December, 2011 J U D G M E N T The petitioners are tenants in a building belonging to the 3rd respondent, the property comprised of which, has been proceeded against by respondents 1 and 2 under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, for recovery of loan amounts due from the 3rd respondent. Now the petitioners and the bank have come to a mutual understanding, whereby the petitioners would be allowed to continue occupying the respective portions of the building occupied by them on condition that they undertake to vacate the same unconditionally after the sale is over. This agreement is recorded and the writ petition is disposed of. If the petitioners do not surrender the building voluntarily without any objection after the sale is over, they would be liable for contempt of court for violating the undertaking given to this Court. To facilitate the above, the bank shall issue a notice to the petitioners regarding the sale. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge - : 2 :-