IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WA.No. 946 of 2007() -------------------- AGAINST THE ORDER IN I.A.3671/07 IN WPC.32216/2006 Dated 26/03/2007 .................... APPELLANT(S): RESPONDENTS ------------------------- 1. INDIAN BANK, ALUVA BRANCH, REPRESENTED BY ITS MANAGER. 2. THE CHIEF MANAGER, AUTHORIZED OFFICER, INDIAN BANK, CIRCLE OFFICE, ERNAKULAM. BY ADV. SRI.S.EASWARAN RESPONDENT(S): PETITIONERS -------------------------- 1. METTY FRANCIS, W/O V.V.FRANCIS, AGED 46 YEARS, VELLAYIL HOUSE, THEKKUMPURAM, CHENGAMANALAM P.O., ERNAKULAM DISTRICT. 2. V.V.FRANCIS, AGED 52 YEARS, VELLAYIL HOUSE, THEKKUMPURAM, CHENGAMANALAM P.O., ERNAKULAM DISTRICT. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY,Ag.C.J. & V.GIRI, J -------------------------------- W.A.946/2007 -------------------------------- Dated this 2nd day of February, 2009 JUDGMENT Koshy (Ag.C.J.) Writ petition was filed by the respondents herein to challenge Ext.P4 sale notice. As per Ext.P4 sale notice, the amount due to the Bank by the writ petitioners was Rs.3,19,530/-. Petitioners approached this Court and as per the directions issued by this Court, the entire amounts were paid including interest and other charges. On such deposit, the appellants demanded a further amount of Rs.37,920/- which was incurred in the publication of the sale notice and possession notice. The only dispute is regarding the advertisement charges charged by the Bank along with penal interest at 2%, besides compound interest. In the above circumstances, the learned Judge by order dated 26.3.2007 in I.A.3671/2007 in W.P.(C). 32216/2006 stated that out of Rs.37,920/-, if the writ petitioners pay an amount of Rs.18,500/-, the matter should be closed. Rs.18,500/- ordered is much more than the advertisement charges actually incurred. The W.A.946/2007 2 total advertisement charges incurred by the Bank will be Rs.10,440/-. Considering the facts of the case that the writ petitioners made the payment with interest at compounded rate and that there is also no evidence for the advertisement charges, we see no grounds to interfere in the matter. Writ Appeal is accordingly, dismissed. J.B.KOSHY, Acting Chief Justice V.GIRI, Judge mrcs