The court disposed of this writ petition regarding SARFAESI Act proceedings. Due to the petitioner's default in adhering to a prior order, further time for loan repayment was denied. However, one month was granted to vacate the premises while settling the liability.
The Advocate Commissioner to defer taking possession of the secured asset for one month.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 27TH DAY OF OCTOBER 2016/5TH KARTHIKA, 1938
WP(C).No. 34520 of 2016 (L)
PETITIONER :
A.M.JOHN., AGED 62 YEARS, S/O.MOOSA, J.J.BHAVAN, ANTHIYOORKONAM, MALAYINKIL KOLLODE.P.O., THIRUVANANTHAPURAM-695 571.
BY ADV. SMT.KEERTHI SOLOMON
RESPONDENT(S):
1. THE BRANCH MANAGER, KERALA STATE CO-OPERATIVE BANK LTD.,
POOJAPURA BRANCH, THIRUVANANTHAPURAM-695 003.
2. THE AUTHORIZED OFFICER, KERALA STATE CO-OPERATIVE BANK LTD., REGIONAL OFFICE, OVER BRIDGE, THIRUVANANTHAPURAM-695 001
BY SRI.GEORGE POONTHOTTAM, SC, KERALA STATE CO.OP BANK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).NO.34520/2016
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
**A.M.SHAFFIQUE, J * * * * * * * * * * * *** W.P.C.No.34520 of 2016
Dated this the 27th day of October 2016
J U D G M E N T
Petitioner has approached this Court for the second time when proceedings had been initiated by the respondent Bank
under the SARFAESI Act. Earlier, the petitioner filed W.P.C.No.1026 of 2013 and this Court granted the petitioner time to repay the overdue amount as well as the regular instalments.
W.P.C.No.34520/2016
2
petitioner to pay the amount in instalments. However, taking into account the fact that an Advocate Commissioner had already been appointed, it would suffice that some time is granted to the petitioner to vacate the premises and in the meantime, it shall be open for the petitioner to arrange for settling the liability.
Accordingly, this writ petition is disposed of as under: i) The Advocate Commissioner appointed by the Chief Judicial Magistrate shall defer taking possession of the secured asset for a period of one month.
ii) In the meantime, it shall be open for the petitioner to arrange for settlement of the liability, failing which, the Advocate Commissioner shall be entitled to take possession of the premises without notice to the petitioner and the Bank shall be entitled to take further proceedings, in accordance with law.
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
jsr
1 issue framed by the court
Whether the court should grant further time to the defaulting petitioner to repay the loan considering the non-compliance with the earlier order.
A.M.John
The Branch Manager, Kerala State Co-Operative Bank Ltd.
A.M.Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
