Review petition by Dena Bank against an order disposing of a writ petition regarding enforcement of security interest. Court held the Board must execute sale documents within two weeks.
Direct donation of the first respondent/Board to execute necessary sale documents within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933
RP.No. 325 of 2011(B)
--------------------AGAINST THE JUDGEMENT IN WPC.10932/2007 Dated 09/03/2010
REVIEW PETITIONER(S): PETITIONER/1ST RESPONDENT
DENA BANK, 4, RAJADHANI BUILDING, EAST FORT, THIRUVANANTHAPURAM-695023, REPRESENTED BY ITS BRANCH MANAGER.
BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE
RESPONDENT(S): PETITIONER AND 2ND RESPONDENT
ADV. SRI.A.JAYASANKAR, SC KSHB, TVM FOR R
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 09/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.No. 325 of 2011
APPENDIX
ANNEXURE A1TRUE COPY OF LETTER DATED 12.1.11 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT
ANNEXURE A2TRUE COPY OF RECEIPT DATED 12.1.11 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER
ANNEXURE A3TRUE COPY OF LETTER DATED 14.2.11 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER
(TRUE COPY)
P.A TO JUDGE
P.R.RAMACHANDRA MENON, J
R.P.325/2011 in W.P.(C).10932/2007
.............................................. Dated this the 9th day of June, 2011
ORDER
This Review Petition has been filed by the Bank, who was the first respondent in W.P.(C).10932/2007, which was disposed of, as per judgment dated 9.3.2010, taking note of the settlement stated as arrived at between the writ petitioner/Board and the Bank.
R.P.325/11
2
between the Bank and the Board, whereby the Bank volunteered to discharge the liability of the allottee to the Board and the dispute was settled by filing a 'joint memo'. The Board was ready to execute a 'sale deed' in favour of the Bank. After hearing the parties concerned, the writ petition was disposed of, enabling the Bank to clear the liability, directing the Board to give the 'discharge certificate' to the Bank and enabling the Bank to proceed against the property concerned, in accordance with the relevant provisions of law. No specific direction was given to execute any 'sale deed'; hence is sought to be rectified by filing the Review Petition. The review petitioner submits that the Board is refusing to execute the 'sale deed' in favour of the Bank, despite the agreement.
R.P.325/11
3
nearly Rs.1,36,107/- and the remaining liability, when the writ petitioner approached this Court, was Rs.88,675/- which admittedly has been satisfied by the Bank. If the prayer of the Bank that, having discharged the outstanding liability of the allottee, the Board is to execute the 'sale deed' in favour of the Bank is accepted, it is likely that the same may result in extending undue advantage to the Bank (in view of the meagre sale consideration of Rs.88,675/- and the amount due under the loan), which was not intended by this Court and hence, no positive direction was given to execute the 'sale deed'. As such, there is no error apparent on the face of record, which is liable to be cleared by invoking the power of review.
R.P.325/11
4
can be proceeded against as specified under the relevant provisions of the Enforcement Rules, and the balance amount, if any, resulted because of the public auction, shall be returned in the manner as specified therein. The first respondent/Board is bound to execute all the necessary documents, so as to convey the title to the party concerned on sale; which shall be done within 'two weeks' from the date of submission of the relevant proceedings, if the same is otherwise in order in all respects.
Review petition is disposed of.
P.R.RAMACHANDRA MENON, Judge
mrcs
2 issues framed by the court
Whether the Housing Board is bound to execute a sale deed in favour of the Bank after the Bank has discharged the allottee's liability.
Whether the impugned judgment's failure to direct execution of the sale deed causes an error apparent on the face of the record warranting review.
1 provisions across 1 enactments
DENA BANK
KERALA STATE HOUSING BOARD
PREETHI V KAMNANI
P.R. RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
