Sri.P.K.Kannan vs The State Bank Of Travancore … on 31 October, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31729 of 2008(B)


1. SRI.P.K.KANNAN, AGED 46 YEARS
                      ...  Petitioner

                        Vs



1. THE STATE BANK OF TRAVANCORE REPRESENTED
                       ...       Respondent

2. THE AUTHORISED OFFICER

                For Petitioner  :SRI.MATHEW ABRAHAM

                For Respondent  :SRI.SATHISH NINAN

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :31/10/2008

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                  -------------------------------------------
                   W.P(C).No.31729 OF 2008
                 -------------------------------------------
             Dated this the 31st day of October, 2008


                             JUDGMENT

Petitioner challenges the action taken by the respondents

under the provisions of the SARFAESI Act. Going by the

statement filed on behalf of the respondents, as of now, three

items of properties are covered by the impugned direction by the

Chief Judicial Magistrate under Section 14 of the Act.

The stand taken by the petitioner is that following default

by him and earlier directions issued by this Court in W.P(C).

1606/08, an NRI has come forward, however, that the cheques

issued by him had bounced in view of lack of funds in the bank

from which he had issued the cheque. It also appears that in the

mean while, Ext.P4 bank guarantee was issued by the

respondent bank to the petitioner. This, going by the statement

of the respondents, was to enable the petitioner to get amounts

due to him from the Power Grid Corporation of India. Though

the bank bonafide issued that bank guarantee, the Power Grid

WPC.31729/08

Page numbers

Corporation did not release any amount to the petitioner. It is

also a fact stated by the respondents that the petitioner executed

a power of attorney in favour of the respondent bank to receive

amounts payable to him from the Kerala State Rural Roads

Development Agency, however, that when the bank forwarded

the power of attorney to the concerned department, they were

informed that the petitioner had earlier issued another power of

attorney in favour of the State bank of India to collect the same

funds. With this scenario coupled with the bounced cheques and

non-payment, I find no ground to issue any further order in

favour of the petitioner. The writ petition fails. The same is

accordingly dismissed without prejudice to the right of the

petitioner to move the bank for any further relief, including any

short adjournment of further proceedings.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge.

kkb.