The petitioner sought a writ to confirm a secured asset sale in favour of a third respondent who failed to pay, and to direct the bank to afford an opportunity of hearing before deciding on a representation. The court dismissed the petition, holding that no writ could compel the bank to forgo its vested rights or confirm a non-concluded sale.
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
TUESDAY, THE 21ST DAY OF AUGUST 2012/30TH SRAVANA 1934
WP(C).No. 7808 of 2011 (A)
PETITIONERS:
1. A.ANAND,S/O.KARTHIKEYAN,AGED 48, RESIDING AT AMBALI, WEST HILL P.O, PUTHIYANGADI AMSOM AND DESOM OF KOZHIKODE TALUK.
2. SHEEJA ANAND, W/O.A.ANAND, RESIDING AT AMBALI, WEST HILL PO, PUTHIYANGADI AMSOM AND DESOM OF KOZHIKODE TALUK.
BY ADV. SRI.E.NARAYANAN.
RESPONDENTS:
1. THE FEDERAL BANK LTD., REPRESENTED THE BRANCH MANAGER, CHEROOTTY ROAD, CALICUT-32.
2. THE GENERAL MANAGER, THE FEDERAL BANK LTD., REGISTERED OFFICE, ALUVA- 683 101.
3. ESHAQUE,S/O.IBRAHIM,'ALIF', COTTON MILL ROAD, KOZHIKODE -1.
R1 & R2 BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL), S.C.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).NO.7808/2011-A:
APPENDIX
PETITIONERS' EXHIBITS:
| EXT.P.1: | COPY OF THE NOTICE DTD. 14/01/2004 ISSUED FROM THE R.2. TO THE PETITIONERS. |
|---|---|
| EXT.P.2: | COPY OF THE NOTICE DTD. 02/08/06. |
| EXT.P.3: | COPY OF THE REPRESENTATION DTD. 29/09/06 SUBMITTED BY THE PETITONERS BEFORE THE DEPUTY GENERAL MANAGER, FEDERAL BANK LTD., KOZHIKODE. |
| EXT.P.4: | COPY OF THE REPRESENTATION SUBMITTED BY THE P.1. BEFORE THE R.2. |
| EXT.P.5: | COPY OF THE REPRESENTATION DTD. 24/02/07 SUBMITTED BY THE P.1. AND MOHAMMED FABEESH BEFORE THE R.1. |
| EXT.P.6: | COPY OF THE REPRESENTATION DTD. 27/02/07 SUBMITTED BY THE P.1. TO THE R.1 |
| EXT.P.7: | COPY OF THE REPRESENTATION DTD. 07/03/07 SUBMITTED BY THE P.1. BEFORE THE R.2. |
| EXT.P.8: | COPY OF THE COMPLAINT DTD. 23/03/07 SUBMITTED BY THE P.1. BEFORE THE CHAIRMAN. |
| EXT.P.9: | COPY OF THE NOTICE DTD. 13/09/2010. |
| EXT.P.10: | COPY OF THE REPRESENTATION DTD. 29/12/2010 SUBMITTED BY THE PETITIONERS TO THE BANK. |
| EXT.P.11: | COPY OF THE REPLY DTD. 17/01/11 ISSUED BY THE BANK TO THE PETITIONERS. |
| EXT.P.12: | COPY OF THE JUDGMENT DTD. 17/01/11 IN W.P.(C).NO.35653/10-F ON THE FILE OF THIS HONOURABLE COURT. |
| EXT.P.13: | COPY OF THE REPRESENTATION DTD. 16/02/11 SUBMITTED BY THE PETITIONERS TO THE BANK. |
| EXT.P.14: | COPY OF THE REPRESENTATION DTD. 24/02/11 SUBMITTED BY THE PETITIONERS TO THE BANK. |
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
P.R. RAMACHANDRA MENON, J.
W.P.(C). No. 7808 of 2011
Dated this the 21st day of August, 2012
JUDGMENT
The petitioner has approached this Court with the following
prayers:
“i. To issue a writ of mandamus or
any other appropriate writ, order or direction, directing the respondents to confirm the sale of the secured asset of the petitioners in favour of he third respondent.
ii. To issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to take a decision on Ext.P14 by affording an opportunity to the petitioners of being heard.”
W.P.C. No. 7808 of 2011
-2-
sought for, vide the second prayer and the contents of Ext.P14, there can't by any writ to compel the respondent Bank to forgo their vested rights. There is no representation for the petitioner as well.
The writ petition is dismissed in the said circumstances.
P.R. RAMACHANDRA MENON, JUDGE.
Kp/-
3 issues framed by the court
Whether the High Court can issue a writ of mandamus to confirm the sale of a secured asset to a third party who failed to pay.
Whether the High Court can direct the Bank to furnish an opportunity of hearing before affording a decision on a representation submitted by the petitioners.
Whether the writ court can compel the bank to forgo its vested rights in the matter.
A.ANAND
SHEEJA ANAND
THE FEDERAL BANK LTD.
ESHAQUE
P.R.RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
