The Court disposed of a writ petition seeking to quash auction and sale notices for a defaulted loan and to direct the bank to consider a one-time settlement. It granted a conditioned stay on recovery proceedings if the petitioner follows a repayment plan.
Petitioner directed to pay overdues in 8 monthly installments; recovery proceedings stayed conditionally.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY, THE 16TH DAY OF FEBRUARY 2018 / 27TH MAGHA, 1939
WP(C).No. 1595 of 2018
PETITIONER :
RAMAKRISHNAN, AGED 46 YEARS, S/O.NARAYANA PILLAI, MADATHIPARAMBIL HOUSE, PATTIMATTOM PO, ERNAKULAM DISTRICT, PIN-683562.
BY ADV.SRI.VINUCHAND
RESPONDENTS:
R2 BY ADV. SRI.SIRAJ KAROLY R1 & 3 BY SR.GOVERNMENT PLEADER SRI.K.P.HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1595 of 2018 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS
----------------------EXHIBIT P1 A TRUE COPY OF DEMAND NOTICE DATED 24.8.2017. EXHIBIT P2 A TRUE COPY OF THE AUCTION NOTICE ISSUED BY THE 3RD RESPONDENT DATED 5.12.2017. EXHIBIT P3 A TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT ON RECEIPT OF RS.20,000/-. EXHIBIT P4 THE TRUE COPY OF SALE NOTICE DATED 4.1.2018. EXHIBIT P5 A TRUE COPY OF APPLICATION FOR ONE TIME SETTLEMENT DATED 15.1.2018.
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P.A TO JUDGE
AV
ANIL K.NARENDRAN, J.
W.P.(C).No.1595 of 2018
Dated this the 16th day of February, 2018
J U D G M E N T
The petitioner, who availed a loan for 8,00,000/- from the 2₹ nd respondent Bank in the year 2009 by mortgaging his residential property, is before this Court in this writ petition filed under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P2 auction notice dated 05.12.2017 and Ext.P4 sale notice dated 04.01.2018 issued by the 3rd respondent and seeking a writ of mandamus commanding respondents 2 and 3 to consider Ext.P5 application dated 15.01.2018.
W.P.(C)No.1595 of 2018
:-2-:
In such circumstances, this writ petition is disposed of with the following directions :
W.P.(C)No.1595 of 2018
:-3-:
and the subsequent installments payable on or before the 26th day of the succeeding months. Along with the said installments, the petitioner shall also pay the regular monthly installments.
It is made clear that, this judgment will not stand in the way of the petitioner availing the benefit of One Time Settlement Scheme as per Circular No.6/18 of the Registrar of Co-operative Societies dated 02.02.2018, once it is implemented in the 2nd respondent Bank.
Sd/-
ANIL K.NARENDRAN JUDGE
AV
1 issue framed by the court
Whether to quash the auction and sale notices issued by the bank and grant stay on recovery proceedings.
1 provisions across 1 enactments
Ramakrishnan
State of Kerala
Secretary, The Kunnathunadu Taluk Primary Co-Operative Agricultural and Rural Development Bank Ltd.
Assistant Registrar/Special Sale Officer
Anil K.Narenrandan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
