The High Court directed the bank to dispose of the petitioner's representation within two weeks after an opportunity of being heard. Pending such action, all measures under the SARFAESI Act by the bank were deferred.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY ,THE 26TH DAY OF MARCH 2019 / 5TH CHAITHRA, 1941 WP(C).No. 9260 of 2019
PETITIONER/S:
THAJUNESA, AGED 65 YEARS W/O. LATE SHARFUDHEEN, HASARATH MANZIL, PALLAM MUTHALAMADU POST, PALAKKAD DISTRICT-678507.
BY ADV. SRI.PRAVEEN K. JOY
RESPONDENT/S:
1 THE AUTHORISED OFFICER INDIAN OVERSEAS BANK, PALAKKAD BRANCH, PALAKKAD-678001.
BY ADV SRI.SUNIL SHANKER-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 9260/19
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JUDGMENT
The limited prayer made by the petitioner in
this writ petition is that Ext.P5 representation
made by her before the respondent-Bank be
directed to be disposed of in terms of law. She says that in the said representation she has
requested that she be given eligible discount and waiver for settlement of the loan account, along with certain other corollary prayers.
for the respondent-Bank submits that there is no
legal impediment in considering Ext.P5
representation, but that the entitlement of the petitioner would entirely depend upon the applicable guidelines and circulars; and that the said representation will be disposed of
after affording an opportunity of being heard to
the petitioner, as expeditiously as is possible
but not later than two weeks from the date of receipt of a copy of this judgment.
WPC 9260/19
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for the respondent-Bank as afore, the learned
counsel for the petitioner prays that this writ
petition be ordered on such terms.
Ext.P5 representation of the petitioner and
dispose it of, after affording an opportunity of being heard to her, as expeditiously as is possible, but not later than two weeks from the
date of receipt of a copy of this judgment.
exercise as afore directed is completed, all further action being pursued by the Bank under the SARFAESI Act shall stand deferred.
This writ petition is thus ordered.
SD/-
DEVAN RAMACHANDRAN
RR
JUDGE
WPC 9260/19
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE PHOTOCOPY OF THE DEATH CERTIFICATE DATED 13.7.2016 OF REGISTRAR OF BIRTH AND DEATH. EXHIBIT P2 THE TRUE PHOTOCOPY OF THE NOTICE DATED 8.8.16 OF RESPONDENT BANK. EXHIBIT P3 THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 3.10.18 BEFORE RESPONDENT BANK. EXHIBIT P4 THE TRUE PHOTOCOPY OF THE LETTER DATED 15.10.2018 OF RESPONDENT BANK. EXHIBIT P5 THE TRUE PHOTOCOPY OF THE REPRESENTATION BEFORE RESPONDENT BANK
2 issues framed by the court
Whether the High Court should direct the bank to dispose of petitioner's representation under specific guidelines.
Whether SARFAESI Act actions should be deferred pending disposal of petitioner's representation.
1 provisions across 1 enactments
Thajunesa
The Authorised Officer, Indian Overseas Bank, Palakkad Branch
Branch Manager, Indian Overseas Bank, Palakkad Branch
Assistant General Manager, Indian Overseas Bank, Regional Office
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
