Disposed

A.Sharafueeen v. the Branch Manager

Kerala HC4 Oct 2016WP(C)/7209/2016

Case brief

AI extract

What is this about?

Petitioner approached the Court regarding recovery proceedings and demanded quashing of a notice, interest reduction, and scheme benefits. Court limited the prayer to consideration of a representation (Ext.P8) by the Chief Manager and directed disposal within one month.

What did the court decide?

Petitioner to represent before Chief Manager, Asset Recovery Branch, Thiruvananthapuram regarding Ext.P8; appropriate orders to be passed within one month.

A.Sharafueeen Vs the Branch Manager — 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 4TH DAY OF OCTOBER 2016/12TH ASWINA, 1938

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WP(C).No. 7209 of 2016 (A)

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PETITIONER:

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A.SHARAFUEEEN, VATTAVILA, PUTHENVEEDU, VIZHINJAM, THIRUVANANTHAPURAM.

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BY ADV. SRI.B.KRISHNA MANI

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RESPONDENT(S):

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1. THE BRANCH MANAGER, FEDERAL BANK LTD, STATUE BRANCH, THIRUVANANTHAPURAM- 695 001.

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2. THE RECOVERY OFFCIER,

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OFFICE OF THE DEBT RECOVERY TRIBUNAL, 8TH FLOOR, K.S.E.B. BUILDING, PANAMPILLY NAGAR, ERNAKULAM-36

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R1 BY ADVS. SRI.A.ANTONY SMT.LEELAMMA ANTONY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 7209 of 2016 (A) ---------------------------

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APPENDIX

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PETITIONER(S)'	EXHIBITS
--------------	---------
	EXT.P1:	A TRUE COPY OF THE FROM THE AUTHORISED	NOTICE DATED. 18/2/10 OFFICER.
	EXT.P2:	A TRUE COPY OF THE THROUGH THE LAWYER.	REPLY DATED. 31/3/10
	EXT.P3:	A TRUE COPY OF THE 42/10 BEFORE THE DEB ERNAKULAM DATED. 29/	MEMORANDUM OF APPEAL NO TS RECOVERY TRIBUNAL, 10/10.
	EXT.P4:	A TRUE COPY OF THE APPEAL NO. 42/10 BEF TRIBUNAL , ERNAKULAM	ORDER DATED. 30/10/15 IN ORE THE DEBTS RECOVERY .
	EXT.P5:	A TRUE COPY OF THE DATED 22/6/15 ISSUED OFFICER.	PROCLAMATION OF SALE BY THE RECOVERY
	EXT.P6:	A TRUE COPY OF THE	OBJECTION DATED. 22/6/15.
	EXT.P7:	A TRUE COPY OF THE DATED 3/6/12 BEFORE INSURANCE COMPANY LT	AWARD IN A.R.NO 39/12 THE UNITED INDIA D.
	EXT.P8:	TRUE COPY OF THE RE DATED 1/08/2016.	PRESENTATION
RESPONDENT(S)' --------------	EXHIBITS ---------	NIL

/TRUE COPY/

P.A.TO JUDGE

K.V.

A.M. SHAFFIQUE, J.

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------------------------------------- W.P.(C) No. 7209 of 2016

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Dated this the 4^th day of October, 2016

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JUDGMENT

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Petitioner has approached this Court seeking the

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following reliefs:

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“(i) Call for records leading to Ext.P5 and quash the same by a writ of certiorari or any other appropriate writ, order or direction;

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(ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to levy only 6% simple interest per annum;

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(iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to quantify the amounts if any due and to provide an upto date statement of accounts to the petitioner.

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(iv) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to grant all the benefits as enjoined under law including the one time settlement

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W.P.(C) No. 7209 of 2016

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-2-

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scheme and interest waiver scheme to the petitioner.

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(iv) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to permit the petitioner to sell the secured property item by item and direct the sale proceeds to be deposited with the first respondent;

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(vi) Stay all further proceedings pursuant to Ext.P5, until the disposal of the writ petition and further direct the respondents to provide an upto date statement of accounts;

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(vii) Award costs.”

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However, during the course of argument, the

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petitioner only sought for A limited relief for consideration of Ext.P8 by a competent officer.

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Learned counsel appearing for the respondent Bank

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submits that the Chief Manager, Asset Recovery Branch, Thirvunathapuram shall consider Ext.P8.

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Taking into consideration the aforesaid submission, this writ petition is disposed of as under:

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The Chief Manager, Asset Recovery Branch,,

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W.P.(C) No. 7209 of 2016

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-3-

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Thirvunathapuram shall consider Ext.P8 and pass appropriate orders within a period of one month from the date of receipt of

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a copy of this judgment.

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Sd/-

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A.M. SHAFFIQUE JUDGE

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Scl/04.10.2016

A.Sharafueeen v. the Branch Manager

Case brief

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A.Sharafueeen v. the Branch Manager

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