IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 W.P(C).No. 7674 of 2008(L) -------------------------------- PETITIONER: -------------- K.SIVASANKARAN NAIR DEVI SADANAM,KALATHUKAL,KARAKULAM POST THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT: --------------- STATE BANK OF INDIA, REPRESENTED BY ITS ASST.GENERAL MANAGER (OFFG) STRESSED ASSETS RESOLUTION CENTRE, ZONAL OFFICE, IST FLOOR CHILD WELFARE COMPLEX, LMS COMPOUND, THIRUVANANTHAPURAM. BY ADV. SRI. R.S. KALKURA, SC, SBT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P.(C) No. 7674 OF 2008 - L = = = = = = = = = = = = = = Dated this the 17th March, 2008 J U D G M E N T The petitioner is an auction purchaser in a sale conducted following the proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The request of the petitioner is that conveyance to be executed by the bank should be in the name of his nominee who is stated to be his relative. 2. On instructions, the learned counsel for the bank submits that at the initial stages of the proceedings, the petitioner had not made such a request and that auction sale has been confirmed in his name. Therefore, it is stated that it would be difficult for the bank to concede to the request at this stage of the proceedings. 3. From the submissions made by the counsel for the bank it is evident that the sale has been confirmed in the name of the W.P.(C) No. 7674 OF 2008 -2- petitioner. If the sale has been confirmed in the name of an auction purchaser, the bank's responsibility is only to execute the document of title in the name of the auction purchaser and the bank has no obligation to execute the sale deed in the name of the nominee of the auction purchaser. 4. In view of this, I do not think, this Court will be justified in issuing a direction requiring the bank to execute the document in the name of the nominee now pointed out by the petitioner. Writ petition fails and is dismissed. ANTONY DOMINIC JUDGE jan/-