Disposed

Bin Hasudeen v. the Recovery Officer

Kerala HC4 Oct 2013WP(C)/23416/2013

Case brief

AI extract

What is this about?

Petitioner, an assignee of mortgaged land, sought the court's direction for release of the bank's charge upon payment of proportionate value. The court directed the petitioner to approach the bank directly and disposed of the writ petition without determining the claim.

What did the court decide?

Petitioner directed to approach the bank for release of charge upon payment of proportionate value. Writ petition disposed of.

Bin Hasudeen Vs the Recovery Officer — Contract and Commercial Disputes | Kerala HC (2013)

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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 V.CHITAMBARESH

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FRIDAY, THE 4TH DAY OF OCTOBER 2013/12TH ASWINA, 1935

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WP(C).No. 23416 of 2013 (B)

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PETITIONER(S)/PETITIONER:

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BIN HASUDEEN S/O.MOHAMMED KUNJU, KOLADATHUMEKKATHIL, MAZHANGODI THODIYOOR POST, KOLLAM DIST

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BY ADV. SRI.B.KRISHNA MANI

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RESPONDENT(S)/RESPONDENTS:

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THE RECOVERY OFFICER DEBTS RECOVERY TRIBUNAL (KERALA & LAKSHADWEEP) VIIITH FLOOR, KERALA STATE HOUSING BOARD BUILDING PANAMBILLY NAGAR, ERNAKULAM-682036

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THE MANAGER

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THE SOUTH INDIAN BANK LTD, KOLLAM-691001

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BY SRI.K.K.JOHN,SC,SOUTH INDIAN BANK

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 23416 of 2013 (B)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1	:-	TRUE COPY OF THE REGISTERED SALE DEED DTD 25/3/2004 EXECUTED BY ONE ZEENATH BEEVI
EXHIBIT P2	:-	TRUE COPY OF TAX RECEIPT DTD 16/6/2006
EXHIBIT P3	:-	TRUE COPY OF TAX RECEIPT DTD 23/9/2009
EXHIBIT P4	:-	TRUE COPY OF TAX RECEIPT DTD 21/6/2011
EXHIBIT P5	:-	TRUE COPY OF TAX RECEIPT DTD 7/1/2013
EXHIBIT P6	:-	TRUE COPY OF THE CERTIFICATE OF REGISTRATION DTD 28/6/2007
EXHIBIT P7	:-	TRUE COPY OF THE LICENCE DTD NIL
EXHIBIT P8	:-	TRUE COPY OF THE PROPERTY TAX RECEIPT DTD 7/1/2013
EXHIBIT P9	:-	TRUE COPY OF THE PROCLAMATION FOR SALE DTD 18/2/2010 ISSUED BY THE RECOVERY OFFICER
EXHIBIT P10	:-	TRUE COPY OF THE NON ATTACHMENT CERTIFICATE DTD 15/1/2004 ISSUED BY THE TAHSILDAR , KOLLAM

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RESPONDENT(S)' EXHIBITS : NIL

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/TRUE COPY/

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P.A. TO JUDGE.

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V. CHITAMBARESH, J

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WP(C) NO. 23416 OF 2013

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Dated this the 4^th day of October, 2013

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JUDGMENT

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The petitioner claims to be an assignee of a parcel of land subject to the mortgage in favour of the second respondent bank. The only plea now pressed before me is that the bank may release the charge on receiving the value of the property taken assignment of.

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It is for the petitioner to move an appropriate remedy to the second respondent bank seeking to release the charge on payment of the proportionate value of the property. The bank is free to accede to the request of the petitioner after valuation of the property and after ensuring that its interests are not jeopardized.

¶28

The Writ Petition is disposed of.

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V. CHITAMBARESH JUDGE

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ncd

Bin Hasudeen v. the Recovery Officer

Case brief

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What did the court decide?

Bin Hasudeen v. the Recovery Officer

Case brief

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