Petitioner, an Advocate and loan defaulter, sought relief as a flood-affected person. Court granted liberty to approach the Bank for benefits and deferred all recovery actions during the pendency of this direction.
Liberty granted to approach Bank within 7 days; recovery actions stayed till Bank decides.
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 DEVAN RAMACHANDRAN
WEDNESDAY,THE 13TH DAY OF MARCH 2019 / 22ND PHALGUNA, 1940
WP(C).No. 5087 of 2019
PETITIONER:
SHIBU PUTHUSSERY, AGED 52 YEARS S/O.LATE K.K.PAPPACHAN, PUTHUSSERI KATTALAN HOUSE, V.R PURAM POST, CHALAKKUDI, THRISSUR DISTRICT, PIN- 680722.
BY ADV. SRI.JOSE J.MATHEIKAL
RESPONDENTS:
1 THE AUTHORISED OFFICER, THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD., SAHAKARANA SHATHABDI MANDIRAM, TUDA ROAD, KOVILAKATHUPADAM, THIRUVAMBADY P.O., THRISSUR, PIN- 680022.
2 THE BRANCH MANAGER, THRISSUR DISTRICT CO-OPERATIVE BANK EVENING BRANCH, CHALAKUDI, THRISSUR DISTRICT, PIN- 680722.
Addl. 3 THE VILLAGE OFFICER, KIZHAKKE CHALAKUDY VILLAGE OFFICE, VETTUKADAVU, NEAR DEEPA WORKSHOP, CHALAKUDY, - 680 307, THRISSUR DISTRICT.
(Impleaded as per order dated 21.02.2019 in I.A.No.1/2019.)
SMT.AMMINIKUTTY-SR.GP, SRI.P.C.SASIDHARAN-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 5087 of 2019
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JUDGMENT
The petitioner says that he is an Advocate practising at Chalakudy and concedes that he has defaulted in payment of certain instalments in a loan facility, availed of by him from the respondent - Bank. The petitioner's contention specifically is that he has complied with Ext.P1 judgment delivered by this Court earlier but that subsequent default occurred on account of the flood that devastated this State a few months ago; and he says that his house was completely inundated during that event. He, therefore, prays that the respondent - Bank be directed to give him the benefits of the order of Moratorium declared by the Government of Kerala for flood affected persons or such other benefits as may be entitled to him.
WP(C).No. 5087 of 2019
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a short period, for any other benefit that can be given to him.
the petitioner, says that his client will approach the Bank immediately and prays that this writ petition be ordered giving him that liberty.
Until such time, as the afore exercise is completed, all further action being pursued by the bank for recovery of any dues from the petitioner shall stand deferred.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF JUDGMENT DATED 24.03.2017 IN W.P 7878 OF 2017.
EXHIBIT P2 TRUE COPY OF NOTICE UNDER SECTION 13(4) OF SARFAESI ACT.
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.A TO JUDGE.
2 issues framed by the court
Whether the Court should grant liberty to the defaulting petitioner to approach the Bank for moratorium benefits declared for flood-affected persons.
Whether the eviction notice issued under Section 13(4) of the SARFAESI Act should be stayed pending the Bank's consideration of the petitioner's request.
Colour shows how this judgement treated each authority
W.P 7878 OF 2017Referred¶36
1 provisions across 1 enactments
SHIBU PUTHUSSERY
THE AUTHORISED OFFICER, THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD.
THE BRANCH MANAGER, THRISSUR DISTRICT CO-OPERATIVE BANK
THE VILLAGE OFFICER, KIZHAKKE CHALAKUDY
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
