IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 WP(C).No. 10839 of 2011(D) -------------------------- PETITIONER(S): --------------- VIJAYA BANK, MALAPPURAM BRANCH, REPRESENTED BY THE CHIEF MANAGER & AUTHORISED OFFICER, REGIONAL OFFICE, JOSE ANNEXE, JOSE JUNCTION, M.G.ROAD, KOCHI-682 016. BY ADV. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN RESPONDENT(S): ------------------------ 1. DISTRICT COLLECTOR, MALAPPURAM DISTRICT, CIVIL STATION, MALAPPURAM.676 505. 2. TAHSILDAR, ERANAD TALUK OFFICE, MANJERI. 676 121. 3. VILLAGE OFFICER, VILLAGE OFFICE, MALAPPURAM. 676 505. 4. THE BRANCH MANAGER, PUNJAB NATIONAL BANK, MALAPPURAM. 676 505. 5. SHAJESH KUMAR.P., GIRISH BHAVAN, MUNDUPARAMBA, MALAPPURAM-676 509. 6. RAJI SHAJESH, W/O.SHAJESH KUMAR.P., GIRISH BHAVAN, MUNDUPARAMBA, MALAPPURAM-676 509. WP(C).No. 10839 of 2011 7. SUDHAKARAN.P.T., S/O.ERECHU, (GOLDSMITH-KOTTAPURAM JEWELLERY), ATTECHI, PUTHUR.P.O., KOTTAKKAL. 676 508. ADV. SRI.C.AJITH KUMAR FOR R4 GOVERNMENT PLEADER MR.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2011. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb WP(C).No. 10839 of 2011 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- COPY OF THE NOTICE UNDER SEC.13(2) OF THE SARFAESI ACT EXT.P2:- COPY OF THE ACKNOWLEDGEMENT CARD EXT.P3:- COPY OF THE INTIMATION LETTER DATED 25.3.2011 SENT BY THE PETITIONER TO THE RESPONDENTS 1 TO 3 EXT.P4:- COPY OF THE LETTER DATED 28.3.2011 SENT BY THE PETITIONER TO THE 4TH RESPONDENT RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A TO JUDGE dmb C.K.ABDUL REHIM, J. ----------------------------- W.P.(C)No.10839 of 2011 ----------------------------------- Dated this the 22nd day of June 2011 J U D G M E N T The respondent Nos.5 and 6 had availed a loan from the petitioner Bank by mortgaging an immovable property having extent of 4.01 cents. Consequent to the default committed, the petitioner Bank had initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Mean while, the 4th respondent Bank took steps to realise certain amounts due to them from respondent Nos.5 and 6 by recourse to steps under the Kerala Revenue Recovery Act. In spite of intimation given by the petitioner Bank to refrain from proceedings with sale of the above said property, sale was conducted on 28.3.2011, at the behest of the 4th respondent. Contention of the petitioner Bank is that since an equitable mortgage has already been created in favour of the petitioner Bank, the sale now conducted by recourse to revenue recovery steps is not sustainable. It is inter alia W.P.(C)No.10839 of 2011 -: 2 :- prayed that if there is excess amounts received by the 4th respondent, the same may be directed to be adjusted against liability due to the petitioner Bank. 2. Heard; counsel for the petitioner, Standing Counsel for the 4th respondent and learned Government Pleader appearing for respondent Nos.1 to 3. Inspite of service of notice to the 5th respondent, nobody enters appearance. It is noticed that notice sent to 6th respondent was returned with endorsement as 'out of station'. But the 6th respondent is the wife of the 5th respondent. Hence fresh notice to the 5th respondent is dispensed. 3. Learned counsel appearing for the 4th respondent Bank submits that the sale in question was confirmed for an amount of `13,00,000/- and the auction bidder had already deposited the sale amount. It is further stated that the total amount due from respondent Nos.5 and 6 to the 4th respondent is only a sum of `1,08,000/- along with the recovery charges. According to learned counsel for petitioner, the amount due from respondent Nos.5 and 6 is a W.P.(C)No.10839 of 2011 -: 3 :- sum of `4,22,321/- as on 26.9.2009, along with interest and other expenses due for the periods thereafter. 4. Since there is sufficient excess amount after crediting liability due to the 4th respondent, it is open to the petitioner Bank to approach the Revenue Recovery Authority, the 2nd respondent herein seeking release of the amount due to the petitioner Bank. If any such request is made, the 2nd respondent shall consider the same and take appropriate steps for releasing the amounts due to the petitioner Bank. 5. Needless to say that if further excess amount remains out of the sale consideration, the same shall be appropriated in accordance with the provisions of the Kerala Revenue Recovery Act. The writ petition is disposed of with the above directions. C.K.ABDUL REHIM, JUDGE. Jvt