IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33819 of 2008(A)
1. RAJAGOPALAN NAIR @ K. RAJAGOPAL,
... Petitioner
Vs
1. FEDERAL BANK LTD., ALUVA,
... Respondent
2. THE MANAGER, FEDERAL BANK,
For Petitioner :SRI.T.M.RAMAN KARTHA
For Respondent :SRI.A.ANTONY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :27/11/2008
O R D E R
K.P.BALACHANDRAN, J.
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W. P. C. No.33819 of 2008
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Dated this the 27th day of November, 2008
JUDGMENT
Counsel for the petitioner submits that
the respondent/Bank has ascertained and
reported that to have re-conveyance of the
property belonging to the petitioner and bid
by the respondent/Bank in court auction and
got sale deed also executed through court,
they are to be paid an amount of
Rs.13,09,252/-; that the petitioner is
prepared to deposit the said amount with the
Kottarakkara branch of the Federal Bank and
that an order be passed to re-convey the
property purchased by the respondent/Bank to
the petitioner or his nominee Smt.Indu
Rajagopal who is his daughter on a request
made by him in writing without any further
delay.
W. P. C. No.33819 of 2008 -2-
2. In the result, I direct the petitioner
to deposit the amount as offered with the
Kottarakkara branch of the Federal Bank
whereupon the Bank shall re-transfer the
property to the petitioner or his nominee as
is desired by him by filing an application
before the Bank in writing and at the expense
of the transferee within a week from today.
Steps in that regard are to be taken by the
proposed transferee or the petitioner, as the
case may be. In case payment is not made as
offered positively tomorrow the respondent
shall be at liberty to take delivery of the
property purchased by them at any time
thereafter.
3. This Writ Petition is disposed of with
the above directions.
K.P.BALACHANDRAN,
JUDGE
kns/-
W. P. C. No.33819 of 2008 -3-
K.P.BALACHANDRAN, J.
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W. P. C. No.33819 of 2008
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Dated this the 17th day of November, 2008
ORDER
Counsel for the petitioner submits that sale
in execution of decree, of the property belonging
to the petitioner has already been effected; sale
certificate has been issued and for delivery of
the property purchased by the decree holder/Bank
the E.P. stands posted to 18/11/08. There is
practically nothing for this Court to interfere
but counsel for the petitioner submits that the
sale was being effected for Rs.9,00,337/-; that
the property is worth much more; that the
petitioner is now affluent and is prepared to pay
the entire decree debt which is the sale price
stated aforesaid as also interest, sale
commission, value of stamp paper and all costs
incurred by the respondent/Federal Bank and that
on that condition sale may be allowed to be got
set aside. I am of the view that if the petitioner
is prepared to deposit all amounts that the decree
W. P. C. No.33819 of 2008 -4-
holder/Bank has incurred towards expenses over and
above the decree debt and that is paid, the Bank
will not be having any objection in re-
transferring the property to the petitioner/
judgment debtor.
2. It is also submitted by the counsel for
the petitioner that the property having an extent
of 1 acre and 89 cents takes in also the
residential building of the judgment debtor
wherein himself and his family are residing and
that he is prepared to take out notice to the
respondents by special messenger positively today
and the case be posted to tomorrow. In the
circumstances, I order notice by special messenger
to respondents 1 and 2. In the meanwhile, the
delivery shall stand adjourned to 25/11/08. Post
day after tomorrow.
K.P.BALACHANDRAN,
JUDGE
kns/-