IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 WP(C).No. 8470 of 2011(G) --------------------- PETITIONER : -------------------- RUGMINI C.P., W/O. KRISHNANKUTTY P., VISHNUSREE, THATTURUMBILKKAD, AKATHETHARA (P.O.), PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): ------------------------- 1. THE SYNDICATE BANK, MAIN BRANCH, K.P.SHOPPING COMPLEX, T.B.ROAD, PALAKKAD, PINCODE - 678 002. 2. THE AUTHORIZED OFFICER, THE SYNDICATE BANK, MAIN BRANCH, K.P.SHOPPING COMPLEX, T.B.ROAD, PALAKKAD - 678 002. 3. P.KRISHNAN KUTTY, S/O. PONNAN, POINTSMAN, SOUTHERN RAILWAYS, SHORANUR, RESIDING AT VISHNU SRINIVAS, THATTURUMBILKADU, AKATHETHARA, PALAKKAD, PINCODE - 678 004. 4. N. SASIDHARAN, NO. 12. PRANAVAM, VENKITESWARA GARDENS, PALLIPPURAM, PALAKKAD - 678 006. R1 & R2 BY ADV. SRI.R.S.KALKURA, SC R4 BY ADVS. SRI.K.P.BALAGOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 8470 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF PAPER PUBLICATION DATED 01-09-2010. EXT.P2 : COPY OF THE PROCEEDINGS DATED 22.09.2010 OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R1(a) : COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING RECEIPT OF 13(2) NOTICE. EXT.R1(b) : COPY OF THE SALE NOTICE DATED 08.01.2010. EXT.R1(c) : COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING RECEIPT OF ANNEXURE R1(b). EXT.R1(d) COPY OF SALE PROCEEDINGS DATED 22.09.2010. EXT.R1(e) COPY OF LETTER DATED 08.03.2011 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT BANK. EXT.R1(f) COPY OF THE INVENTORY DATED 14.03.2011 PREPARED BY THE ADVOCATE COMMISSIONER. //TRUE COPY// P.A. TO JUDGE Mn C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No.8470 of 2011 ------------------------------- Dated this the 1st day of July, 2011. J U D G M E N T Petitioner is the borrower with respect to a loan availed from the 1st respondent Bank. Consequent to default committed in repayment, proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) was initiated and the immovable property, which is the secured asset, was sold in public auction to the 4th respondent. 2. During pendency of the writ petition, the petitioner had settled payment of the entire amount due to the 1st respondent Bank. It is submitted that the matter was also settled with the 4th respondent, who is the auction purchaser. Learned counsel appearing for the 4th respondent also concede the above fact. According to the learned counsel for the 1st respondent Bank, the loan account now stands closed. Learned counsel for the 2 W.P.(C).No.8470 of 2011 petitioner makes a request to declare that the sale conducted in favour of the 4th respondent be set aside and sale certificate if any issued shall be treated as quashed. The 4th respondent has no objection in granting such relief. 3. Under the above mentioned circumstances, the writ petition is disposed of, recording satisfaction of the debt due to the 1st respondent and closing of the loan account. It is further declared that, sale certificate if any issued by respondents 1 and 2 in favour of the 4th respondent, shall be treated as cancelled. Respondents 1 and 2 are directed to return the title documents pertaining to the property to the petitioner, if there is no lien with respect to the said property, with respect to any other dues. C.K.ABDUL REHIM, Judge ami/