IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30425 of 2008(V)
1. JAYA SIMSON
... Petitioner
Vs
1. KERALA FINANCIAL CORPORATION
... Respondent
For Petitioner :SRI.V.GOPIKRISHNA
For Respondent :SRI.S.SREEKUMAR
The Hon'ble MR. Justice V.GIRI
Dated :20/08/2009
O R D E R
V. GIRI, J.
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W.P.(C) No. 30425 of 2008
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Dated this the 20th day of August, 2009
JUDGMENT
The Kerala State Financial Corporation proposed sale of an item of
property mortgaged by the borrower, as per Ext.P1 sale notification. The
petitioner took part in the tender and quoted Rs.2,10,00,000/-. It seems that
the sale was confirmed, but, thereafter, the petitioner defaulted payment. A
fresh sale was notified by the Corporation. This writ petition has been filed
challenging the second sale notification and seeking confirmation of the
first auction wherein the petitioner’s bid was accepted.
2. An interim order was passed by this Court on 15-10-2008 in W.P.
(C) No. 30319 of 2008 filed by the original borrower staying the sale of the
property on condition that the petitioner shall pay an amount of
Rs.40,00,000/-. It was then affirmed that the said amount was not paid. It
was clarified that stay is no longer in force. In so far as the present
petitioner is concerned, it is clear that he did not pay the balance
consideration in spite of confirmation. The Corporation is therefore entitled
to re-notify the property for sale. I find no grounds to issue any further
direction in this writ petition. It is accordingly dismissed. It will be open to
W.P.(C) No. 30425/08 2
the petitioner to work out his remedy as regards the amount already
deposited with the Corporation and I have not dealt with the said
contentions in this writ petition.
V.GIRI, JUDGE.
mn.