High Court Kerala High Court

M/S. Ron Maritime Ltd vs The Federal Bank Ltd on 20 August, 2007

Kerala High Court
M/S. Ron Maritime Ltd vs The Federal Bank Ltd on 20 August, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 365 of 2007()


1. M/S. RON MARITIME LTD.,
                      ...  Petitioner
2. K.P. BENNY ROHAL,

                        Vs



1. THE FEDERAL BANK LTD.,
                       ...       Respondent

2. SRI. KURIAKOSE P.MANI, S/O.P.J.MANI,

3. SRI.K.SATHEESAN, S/O.KRISHNA MENON,

                For Petitioner  :SRI.N.SUBRAMANIAM

                For Respondent  :SRI.K.ABRAHAM LAL

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :20/08/2007

 O R D E R
                            M.N. KRISHNAN , J
                ==========================
                         C.R.P NO. 365 OF 2007
                ==========================
                 Dated this the 20th day of August, 2007.


                               JUDGMENT

This Civil Revision Petition is preferred against the order of the

Subordinate Judge, Trivandrum in E.P. No. 396/2005 in O.S. No.

194/2003. As per the said order, the executing court fixed the price at

Rs. 12 lakhs and directed the property to be proclaimed and sold on

23.05.2007. Meanwhile the writ petitioner rushed to the court and

obtained a stay by deposit of Rs.1 lakh. It is the admitted fact that the

property which is brought to sale is the mortgaged property. It is the

settled principle that the mortgaged property cannot be truncated and

it is to be sold as a whole and not in loose. It is seen that the same

objections are raised regarding the valuation of the property and it is

submitted that in paragraph 14 of the counter statement that the

present market value will be around Rs.20 lakhs. Under Order XXI Rule

66 proviso, the court need not fix the upset price but it will be

sufficient if value shown by the decree holder as well as the judgment

debtor is shown in the proclamation. But when sale is conducted as per

Order XXI Rule 72 A the stipulations made therein has to be followed.

There is some intention for the judgment debtors to wipe off the law as

C.R.P. NO. 365/2007 : 2 :

stated earlier. The draft proclamation does not disclose the value

shown by the judgment debtor. It is a defect which is curable. So sale

can be ordered after curing the defects and if they commit breach of

the following terms which I incorporate:

i. The writ petitioners shall pay an amount of Rs.1 lakh to
the decree holder on or before 22.09.2007.

ii. They must pay the balance amount in three equal
instalments commencing from 22.10.2007.

iii. In case of default of payment of Rs.1 lakh on or before
22.09.2007 or default of any instalments, the decree
holder-bank will be at liberty to proceed with the sale
after incorporating the value shown by the judgment
debtor also in the draft proclamation by the decree
holder and if under Rule 72 A by complying with the
conditions thereon.

2. In order to enable the writ petitioners to pay off all the

liability the sale shall stand deferred and it shall be revived if there is

breach as mentioned above. It is needless to say that whatever

amount is deposited is permitted to be withdrawn by the decree

holder.

The Civil Revision Petition is disposed of accordingly.

M.N. KRISHNAN, JUDGE.

rv

C.R.P. NO. 365/2007 : 3 :