The petitioner has filed the above writ petition against the sale proceedings initiated under the SARFAESI Act, by the respondent Bank. The auction sale was posted on 08.04.2014 and the above writ petition was filed on 07.04.2014. Obviously, since a writ petition was filed, the Bank did not proceed with the sale, in deference to the matter having been placed under consideration of this Court. However, the petitioner, after that has not turned up on the various dates on which the writ petition was posted. The learned counsel appearing for the respondent Bank submits that the sale proceedings having been frustrated, the petitioner has achieved what was intended, by mere filing of the writ petition. In the circumstance of no representation having been made consistently, (on 11.04.2014, 22.05.2014 and 26.05.2014) this Court deems it fit that the petitioner be imposed with a cost of Rs.10,000/-. The Bank shall proceed with the recovery and the cost imposed herein shall also be WPC.10278/2014 : 2 : recovered from the sale proceedings and the same shall be remitted to the Kerala Mediation and Conciliation Centre. Registry shall issue a copy of this judgment to the Nodal Officer, Kerala Mediation and Conciliation Centre who shall take necessary steps to recover the said amount.
Writ petition dismissed with costs.
Sd/-
(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge