Thottathil B. Radhakrishnan, J.
We have heard the learned counsel for the appellants and the learned counsel for the respondent/writ petitioner. This appeal is against the decision of the learned single Judge in relation to a defaulted loan account which had crystalised upto the stage of sale in terms of the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act), 2002. We have gone through the judgment. We see that the learned single Judge has appreciated the entire factual matters and has granted a facility under which the writ petitioner had paid an amount of `10 lakhs pending the writ petition and has also, to our query, stated that by now he has paid the outstandings due in terms of the judgment by paying the instalments due until today. The next instalment is due on 23.10.2014. We see that all relevant factual matters have been taken into consideration and that the learned single Judge has applied his mind and exercised discretion on the totality of the facts and circumstances, balancing the equities between the parties to ensure that funds are generated to satisfy the loan outstandings to a public sector banking institution while the writ petitioner is permitted to protect his property from distress sale. While we do not see that there is any ground to exercise the appellate jurisdiction in an intra- court appeal under Section 5 of the Kerala High Court Act, we are of the view that in case of default in payment of any further instalments as per the judgment of the learned single Judge after the writ petitioner is handed back the residential building, the Bank should have liberty to dispossess the writ petitioner by force in terms of the first sentence of the 4th paragraph of the impugned judgment, if he fails to surrender the building on further default. Therefore, we modify the second sentence of the 4th paragraph of the impugned judgment and direct that in the event of the petitioner not surrendering the building on account of any default in terms of the judgment of the learned single Judge, the Bank will be entitled to forcefully dispossess the petitioner including by utilising sufficient police force as may be found necessary by the jurisdictional police officer. This facility is being made only to give assurance to the Bank that the petitioner will continue to make payment which, according to the learned counsel for the petitioner, will be continued to be made scrupulously in accordance with the direction of the learned single Judge.
This writ appeal is disposed of as above.
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THOTTATHIL B. RADHAKRISHNAN JUDGE ks.
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BABU MATHEW P. JOSEPH JUDGE