IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 10388 of 2009(P)
1. LAKSHMI.K., AGED 60 YEARS,
... Petitioner
2. SHIBUKUMAR, AGED 34 YEARS,
Vs
1. SOUTH INDIAN BANK,
... Respondent
For Petitioner :SRI.A.SHAFEEK (KAYAMKULAM)
For Respondent :SRI.K.K.JOHN,SC,SOUTH INDIAN BANK
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :31/03/2009
O R D E R
THOTTATHIL B RADHAKRISHNAN, J
...........................................
WP(C).NO. 10388 OF 2009
............................................
DATED THIS THE 31st DAY OF MARCH, 2009
JUDGMENT
The first petitioner is the mother of a soldier, who is stated
to have died in a war. This is evidenced by Ext.P1. The second
petitioner is his brother. They were provided a loan by the
respondent to run a LPG Agency in the name of the first
petitioner on account of the demise of her son. Petitioners state
that they belong to Scheduled Castes Scheduled Tribes. The fact
remains that the business failed. There are cases filed by the
petitioners against two employees alleging fraud. That is gaining
attention of the police department, it is stated.
2. There are two items of properties which form the security
interest. Item No.1 is a residential building and item No.2 is a
piece of land with a commercial building. The second item
belongs to the second petitioner. The petitioners state that if that
building and land are sold at the first instance, the petitioners
would save their residence. The bank points out that the
commercial building has tenants. Even then the provisions of
WP(C) 10388/2009 2
SARFAESI Act are fairly enough to deal with any situation that is
created in relation to the sale.
In the aforesaid circumstances, this writ petition is ordered
directing that the bank will first proceed to sell B schedule in
Ext.P6 and if funds are not generated by that sale, the bank will
be at liberty to further proceed with A schedule property.
However, the proclamation could be done together to save
further expenditure and petitioners will not be dispossessed from
the residential premises as of now. However in the event of A
schedule also being sold, the petitioners will deliver vacant
possession to the bank.
THOTTATHIL B RADHAKRISHNAN,
JUDGE
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