Dismissed

Shahida T.K. v. the South Indian Bank Limited and Anr.

Kerala HC28 Sept 2011OP (DRT)/3120/2011

Case brief

AI extract

What is this about?

In a writ petition under the SARFAESI Act, the petitioner sought a stay on proceedings and time to repay loans after defaulting despite previous court-ordered extensions. The single judge dismissed the petition, holding that no further indulgence could be granted as the petitioner had already failed to comply with extended timelines.

What did the court decide?

The writ petition seeking stay of proceedings and extension of time for repayment was dismissed with no further indulgence granted.

Shahida T.K. Vs the South Indian Bank… — Contract and Commercial Disputes | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE S.SIRI JAGAN

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WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933

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OP (DRT).No. 3120 of 2011(O)

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-----------------------------------------

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PETITIONER:

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--------------------

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SHAHIDA.T.K, W/O. MOIDEEN.T, AGED 35 YEARS, KIZHAKKECHALIL HOUSE, MEDICAL COLLEGE.P.O., KOZHIKODE.

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BY ADV. SRI.SAKIR.K.H.

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RESPONDENTS: -----------------------

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1. THE SOUTH INDIAN BANK LIMITED, BRANCH: MAVOOR ROAD, GALLERIA TRADE CENTRE, NEAR MARKAZ COMPLEX, MAVOOR ROAD, KOZHIKODE - 673 004, REPRESENTED BY ITS AUTHORISED OFFICER.

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2. THE SOUTH INDIAN BANK LIMITED, REGIONAL OFFICE, P.B. NO. 933, CHAKKORATHUKULAM, WEST HILL P.O., KOZHIKODE - 673 005, REPRESENTED BY ITS AUTHORISED OFFICER.

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R1 & R2 BY SRI. GEORGE VARGHESE, S.C.

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THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(D.R.T).NO.3120/2011-O:

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P.1: COPY OF THE RECEIPT DTD. 11/02/2010 ISSUED BY THE R.1. BANK.

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EXT.P.2: COPY OF THE ORDER DTD. 19/07/2010 IN I.A. NO. 8752/2010 IN W.P.(C). NO.29246/2009 PASSED BY THIS HON'BLE COURT.

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EXT.P.3: COPY OF THE RECEIPT DTD. 15/11/2010 ISSUED BY THE R.1. BANK.

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EXT.P.4: COPY OF THE RECEIPT DTD. 28/03/2011 ISSUED BY THE R.1. BANK.

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EXT.P.5: COPY OF THE ORDER DTD. 04/04/2011 PASSED BY THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM.

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EXT.P.6: COPY OF THE RECEIPT DTD. 29/08/2011 ISSUED BY THE R.1. BANK.

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EXT.P.7: COPY OF THE ORDER DTD. 02/09/2011 IN I.A. NO.1927/2011 IN S.A. NO.638/2010 PASSED BY THE HON'BLE DEBTS RECOVERY TRIBUNAL, ERNAKULAM.

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EXT.P.8: COPY OF THE AFFIDAVIT AND PETITION DTD. 27/09/2011 FILED BY THE PETITIONER BEFORE THE HON'BLE DEBTS RECOVERY TRIBUNAL, ERNAKULAM.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.A. TO JUDGE

Prv.

S. Siri Jagan, J.

=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=

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O.P(DRT) No. 3120 of 2011

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=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 28^th day of September, 2011.

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J U D G M E N T

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The petitioner is a defaulter in repayment of loan amounts due to respondents 1 and 2. Proceedings under the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has been initiated. Originally the petitioner challenged the same before this Court by filing W.P(C) No. 29246/2009. In the same, time was granted to the petitioner to pay the amount. The petitioner did not pay the amount within the time fixed by this Court in that writ petition. The petitioner filed I.A.No. 8752/2010, in which Ext.P2 order has been passed granting extension of time till 10-8-2010. Still, the petitioner did not pay off the dues. Subsequently, the petitioner approached the Debt Recovery Tribunal and suffered Ext.P7 order. The petitioner did not pay that amount also. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs:

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“i. To issue an order or direction, directing the Debt Recovery Tribunal, Ernakulam to consider and pass orders on Ext.P8 application dated 27.9.2011 filed by the petitioner and further to direct the respondents to keep in abeyance of all the further proceedings against the mortgaged property of the petitioner under the SARFAESI Act till orders are passed on Ext.P.8.

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ii. To issue an order or direction, directing the Debt Recovery Tribunal, Ernakulam to consider and allow Ext.P8 application dated 27.9.2011 filed by the petitioner and further direct the respondents to keep in abeyance of all the further proceedings against the mortgaged property of the petitioner under the SARFAESI Act till

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O.P(DRT) No. 3120 of 2011 -: 2 :-

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orders are passed on Ext.P8.

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iii. To issue an order or direction, directing the respondents to grant three months time to the petitioner by way of equal monthly instalments to clear the entire liability due to the loan account and to stay all further proceedings against the mortgaged property till such time which this Hon'ble Court may deem fit.”

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This is opposed by the counsel for the bank, who submits that the petitioner has been given sufficient indulgence by this Court as well as the Debt Recovery Tribunal and therefore the petitioner is not entitled to any further relief from this Court.

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In view of Ext.P2 order passed by this Court, I do not think that this Court can give any further indulgence in the matter. In the above circumstances, this writ petition is dismissed.

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S. Siri Jagan, Judge.

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Tds/

Shahida T.K. v. the South Indian Bank Limited and Anr.

Case brief

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Shahida T.K. v. the South Indian Bank Limited and Anr.

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