Disposed

K.Kunjumon Babu v. the Assistant Registrar

Kerala HC6 Aug 2009WA/1286/2009

Case brief

AI extract

What is this about?

In writ appeals against recovery steps under the Securitisation Act, the Court permitted the petitioner to approach the financial institution for available settlement schemes. Recovery was deferred for two months pending decision by the respondent.

What did the court decide?

Recovery steps deferred for two months; permission granted to approach the financial institution for settlement scheme consideration within two weeks.

K.Kunjumon Babu Vs the Assistant Registrar — Banking and Recovery | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH

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THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931

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WA.No. 1286 of 2009 --------------------AGAINST THE JUDGEMENT IN WPC.7274/2007 DATED 21/5/2009

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APPELLANT/PETITIONER IN WRIT PETITION:

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K.KUNJUMON BABU,BINCEE COTTAGE, THEKKEKARA PUTHEN VEEDU,ANAVATTACHIRA, DALLY P.O.,KULATHUPUZHA,KOLLAM-691 310.

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BY ADV. SRI.B.KRISHNA MANI

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RESPONDENTS/RESPONDENTS IN WRIT PETITION:

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THE AREA MANAGER,LIC HOUSING FINANCE LTD AREA OFFICE,2ND FLOOR,LEELA TOWER, KESAVADASAPURAM,TRIVANDRUM-695 004.

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THE AUTHORISED OFFICER, LIC HOUSING FINANCE LTD., -DO- -DO-

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THE DISTRICT MAGISTRATE AND THE DISTRICT COLLECTOR,KOLLAM.

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R1 & R2 BY SRI.R.S.KALKURA, SC, LIC R3 BY SR. GOVT. PLEADER, SRI.BENJAMIN PAUL.

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/08/2009, ALONG WITH WPC NO. 17311 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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S.R. Bannurmath, C.J. & Kurian Joseph, J.

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W.A.No. 1286 OF 2009

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and W.P.(C) No.17311 OF 2009

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- - - - Dated this the 6^th day of August, 2009

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JUDGMENT

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Kurian Joseph, J.

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The issue raised in these cases pertains to the grievance regarding the recovery steps initiated by the respondent financial institution under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act. When the cases were pending before this Court, pursuant to the directions issued by the Court, certain amounts have been paid. Learned counsel for the appellant/writ petitioner seeks permission to approach the financial institution to avail the benefit of settlement scheme if any available. In order to enable the appellant/petitioner to pursue the remedy as above, we dispose of the appeal and writ petition making it clear that we have not expressed anything on the merits of the contentions taken by the parties.

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W.A.No. 1286 OF 2009 and W.P.(C) No.17311 OF 2009

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-:2:-

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In the event of appellant/petitioner approaching the financial institution within two weeks from today, the matter shall be duly considered by the financial institution with notice to the petitioner and the benefit of any available scheme shall be extended to her. Orders as above shall be passed within a month from the date of production/receipt of a copy of this judgment. Coercive steps for recovery shall be deferred for a period of two months from today in order to enable the appellant/petitioner to pursue the relief as above.

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S.R. Bannurmath, Chief Justice.

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Kurian Joseph, Judge.

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ttb

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W.A.No. 1286 OF 2009 and W.P.(C) No.17311 OF 2009

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-:3:-

K.Kunjumon Babu v. the Assistant Registrar

Case brief

What is this about?

What did the court decide?

K.Kunjumon Babu v. the Assistant Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

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