Disposed

Asha Narayanji v. Bank of Baroda

Kerala HC19 Jul 2016WP(C)/23160/2016

Case brief

AI extract

What is this about?

Petitioner filed writ petition seeking stay on sale of property to recover loan. Court acknowledged previous directed plans were not complied with. Bank offered to issue fresh notice due to no bids. Court refused further indulgence but deferred sale publication for two months as last opportunity.

What did the court decide?

Bank defers publication of sale notice by two months as last opportunity to settle liability; otherwise bank may proceed further.

Asha Narayanji Vs Bank of Baroda — Banking and Recovery | Kerala HC (2016)

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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 A.M.SHAFFIQUE

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TUESDAY, THE 19TH DAY OF JULY 2016/28TH ASHADHA, 1938

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WP(C).No. 23160 of 2016 (T)

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PETITIONER :

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ASHA NARAYANJI, AGED 55 YEARS, S/O. NARAYANJI, CHIIDAYANKATT, KADAKKARAPPALLY PANCHAYATH, CHERTHALA, ALAPPUZHA DIST.

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BY ADV. SMT.E.V.MOLY

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RESPONDENT :

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BANK OF BARODA, CHERTHALA BRANCH, NEAR IRON BRIDGE, CHERTHALA, ALAPPUZHA-688 524, REP. BY AUTHORIZED OFFICER.

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BY SRI.JOHNY GEORGE,SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 23160 of 2016 (T)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 TRUE COPY OF JUDGMENT DATED 17-03-2014 IN WPC NO. 3129/2014.

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P2 THE TRUE COPY OF JUDGMENT DATED 25-02-2015 IN WPC NO. 4431/2015.

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P3 THE TRUE COPY OF SALE NOTICE ENVELOPE CONTAINING ENDORSEMENT AS TO REGISTRATION ON 24-06-2016.

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P4 THE TRUE COPY OF TAX RECEIPT DATED 07-07-2016.

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RESPONDENT(S)' EXHIBITS:

NIL

/TRUE COPY/

P.S.TO JUDGE

sts

A.M.SHAFFIQUE, J.

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W.P.(C) No.23160 of 2016

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==================

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Dated this the 19^th day of July, 2016 J U D G M E N T

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The petitioner is approaching this Court on the 3^rd occasion. Earlier, the petitioner had approached this Court by filing W.P.(C) No.3129/2014 seeking for regularisation of the loan account. This Court by judgment dated 17.3.2014 permitted the petitioner to regularise the loan account by remitting the over due amount in six equal monthly instalments.

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Again, the petitioner's mother approached this Court by filing W.P.(C) No.4431/2015. By judgment dated 25.2.2015, she was granted time to remit the entire outstanding amount in 10 equal monthly installments. Since none of the petitioners complied with the directions, the Bank had proceeded to effect sale of property. When Ext.P3 notice of sale was published, this writ petition is filed.

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Learned counsel for the respondent Bank submitted that there were no bidders to participate in the sale which was proposed

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W.P.(C) No.23160/2016 - : 2 :-

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on 4.7.2016 and the Bank proposes to issue fresh notice. It is stated that the total amount outstanding will come to more than Rs.19 lakhs and that there is no reason to show any further indulgence to the petitioner as the petitioner and the petitioner's mother, failed to comply with the directions in the earlier occasion.

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Learned counsel for the petitioner seeks for three months time to settle the entire liability. But having regard to the fact that already time has been granted by this Court to settle the liability, I do not think the Bank should be restrained from proceeding further in the matter. However, as a last opportunity to enable the petitioner to settle the liability, it will be appropriate that the Bank defers publication of sale by two months. It shall be open for the petitioner to settle the liability before the aforesaid date; failing which the Bank shall proceed further in accordance with law.

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The Writ Petition is disposed of as above.

A.M.Shaffique, Judge

al/-

True copy

P.S to Judge

Asha Narayanji v. Bank of Baroda

Case brief

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Asha Narayanji v. Bank of Baroda

Case brief

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