IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WA.No. 1449 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.23199/2010 DATED 23/07/2010 .................... APPELLANT(S): PETITIONER IN WPC: ------------------------------------------------------- SUNIL KUMAR, AGED 33 YEARS, S/O.CHELLAPPAN, ELY COTTAGE, KUNNATHUKAL P.O., THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.R.T.PRADEEP, SRI.V.VIJULAL. RESPONDENT(S): RESPONDENTS IN WPC: ---------------------------------------------------------------- 1. AUTHORISED OFFICER, STATE BANK OF INDIA, STRESSED ASSETS RESOLUTION CENTRE ZONAL OFFICE, THIRUVANANTHAPURAM-33. 2. THE DEPUTY GENERAL MANAGER, SARC, S.B.I., CHENNAI. 3. THE ASSISTANT GENERAL MANAGER, SARC, SBI, L.M.S.COMPOUND, THIRUVANANTHAPURAM. R1 TO R3 BY SRI.K.K.CHANDRAN PILLAI, SENIOR ADVOCATE THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. ------------------------------------------- Writ Appeal No.1449 of 2010 ------------------------------------------- Dated this the 3rd September, 2010 JUDGMENT Ramachandran Nair, J. The appeal is filed against the judgment of the learned Single Judge dismissing the writ petition with cost. After hearing both sides and after going through the judgment, we are of the view that the learned Single Judge rightly held that the appellant is a chronic defaulter and even after he has given an undertaking in the Court, he did not deposit the amount in terms of the directions contained in the earlier judgment and thereafter he moved the Debt Recovery Tribunal which again passed certain orders and that also could not be complied with by the appellant. However, since the property sold is including his residential property and since the bank has not been able to so far sell the property, we feel as a last chance the appellant can be granted time till 31st October 2010 for remittance of the entire balance amount with interest, W.A.No.1449/2010 2 either by arranging sale of any item of mortgaged property or otherwise. However, if the payment is not made as stated above, there will be a direction to the appellant to hand over physical possession of all the properties mortgaged to the bank including the residential property after vacating possession by the petitioner and his family. The bank is thereafter free to sell the entire properties after due publication. We make it clear that the Debt Recovery Tribunal shall not pass any order in conflict with what is stated above. The Writ Appeal is disposed of as above. However, if the appellant clears the entire arrears as above before 31st October 2010, then the cost ordered against him by the Single Judge will stand cancelled. C.N.RAMACHANDRAN NAIR, JUDGE K.SURENDRA MOHAN, JUDGE css/