Disposed

Jayasree. S. v. Thiruvananthapuram District Co-Operative Bank Limited

Kerala HC9 Jan 2020WP(C)/396/2020

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging SARFAESI proceedings. The Bank prepared a repayment plan over 10 months. The Court directed the Bank to provide an account statement, ordered the petitioner to repay dues in installments starting Feb 10, 2020, and kept proceedings in abeyance subject to compliance.

What did the court decide?

Proceedings under SARFAESI Act kept in abeyance; Petitioner directed to repay dues in 10 equal monthly installments starting 10.02.2020; Bank to furnish authenticated account statement within one week

Jayasree. S. Vs Thiruvananthapuram District… — Execution and Attachment | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶4

THURSDAY, THE 09TH DAY OF JANUARY 2020 / 19TH POUSHA, 1941 WP(C).No.396 OF 2020(Y)

¶5

PETITIONER/S:

¶6

JAYASREE. S. AGED 46 YEARS D/O.SAVITHRI, SREEMANDIRAM, VADAKKODU, PERUMBAZHUTHOOR P.O., NEYYATTINKARA, THIRUVANANTHAPURAM-695 126.

¶7

BY ADVS. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SHRI.ANTONY SAVIO

¶8

RESPONDENT/S:

¶9

1 THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LIMITED REPRESENTED BY ITS AUTHORIZED OFFICER, HEAD OFFICE, EAST FORT, THIRUVANANTHAPURAM-695 501.

¶10

2 THE AUTHORIZED OFFICER UNDER SARFAESI ACT, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LIMITED, HEAD OFFICE, EAST FORT, THIRUVANANTHAPURAM695 501.

¶11

OTHER PRESENT:

¶12

SRI.THOMAS ABRAHAM, SC

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

WP(C).No.396 OF 2020(Y)

¶15

¶16

ALEXANDER THOMAS, J.

¶17

W.P.(C.) No. 396 of 2020

¶18

Dated this the 9^th day of January, 2020

¶19

JUDGMENT

¶20

The prayers in the above W.P.(C.) filed under Article 226 of the

¶21

Constitution of India are as follows :

¶22

“ i. Issue a writ of certiorari or any other appropriate writ or direction calling for the records resulting in Exhibit P2 possession notice and Exhibit P3 notice and the proceedings taken under the SARFAESI Act against the petitioner, scrutinize and quash the same ;

¶23

ii. Issue a writ of mandamus or any other appropriate writ or direction to the respondents to permit the petitioner to clear off the amount outstanding within ten months and keep in abeyance all recovery proceedings till then ; iii pass such other orders, interlocutory or otherwise, which are deemed fit and proper in the interest of justice ; and iv. allow this Writ Petition with costs.”

¶24

Heard Sri.Philip T.Varghese, learned counsel appearing for the

¶25

petitioner and Sri.Thomas Abraham, learned Standing Counsel for the Thiruvananthapuram District Co-operative Bank appearing for the respondents.

¶26

Sri. Thomas Abraham, learned counsel appearing for the respondents, Thiruvananthapuram District Co-operative Bank would submit on the basis of instructions of the party that the total overdue amount owed by the petitioner to the respondent Bank in the abovesaid loan transaction is Rs.18,69,473/- for regularization of the loan account and the respondent Bank is prepared to give 10 equal monthly installments

¶27

WP(C).No.396 OF 2020(Y)

¶28

¶29

to clear the overdues along with the applicable interest and charges and also subject to the condition the petitioner should pay the applicable regular EMIs in time and that the 1^st installment may commence from 10.02.2020. Further that the respondent Bank will keep in abeyance further steps in relation to the impugned proceedings until then, but subject to the condition that in case the petitioner defaults with any of the abovesaid conditions, then the respondent Bank will be at liberty to proceed with the further steps in the impugned proceedings from the stage, where it has stopped.

¶30

Accordingly, the following directions and orders are issued:

¶31

(i) The competent official of the respondent bank shall immediately furnish a comprehensive and authenticated statement of accounts pertaining to the instant loan transaction so as to precisely and clearly show the total dues to be paid by the borrower in the above transaction and the details may also be shown in the said statement, as to how the said figures have been arrived at, to the petitioner and this may be done within one week.

¶32

(ii) The petitioner shall clear the entire due amounts with all applicable charges and interest in 10 equal monthly installments starting from 10.02.2020. Every subsequent installments shall be paid on or before 10^th of every month (i.e. starting on or before 10.02.2020 and ending on or before 10.11.2020). In case the petitioner complies with the abovesaid directions, then the impugned proceedings shall be kept in abeyance. Further that the petitioner shall pay the regular EMIs in time without fail.

¶33

WP(C).No.396 OF 2020(Y)

¶34

¶35

(iii) Further in case the petitioner does not pay any of the installments, then the respondent bank will be at liberty to proceed further with the impugned steps from the stage, where it has stopped.

¶36

With these observations and directions, the Writ Petition (Civil) stands finally disposed of.

¶37

Sd/-

¶38

ALEXANDER THOMAS, JUDGE

¶39

SKS

¶40

WP(C).No.396 OF 2020(Y)

¶41

¶42

APPENDIX

¶43

PETITIONER'S/S EXHIBITS:

¶44

EXHIBIT P1 TRUE COPY OF DEMAND NOTICE UNDER SECTION 13(2) OF THE SARFAESI ACT ISSUED BY THE 2ND RESPONDENT DATED 20.06.2018. EXHIBIT P2 TRUE COPY OF POSSESSION NOTICE UNDER SECTION 23(4) OF THE SARFAESI ACT DATED 28.01.2019 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 10.12.2019 ISSUED BY ADVOCATE COMMISSIONER IN MC NO.1166/2019 OF CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM.

Jayasree. S. v. Thiruvananthapuram District Co-Operative Bank Limited

Case brief

What is this about?

What did the court decide?

Jayasree. S. v. Thiruvananthapuram District Co-Operative Bank Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Subairkunju Vs State Bank of India

Jose Sebastian Vs Commercial Tax Officer

Sajeevan P.a.,, Vs State of Kerala

Novateur Electrical and Digital Systems(P) Ltd., Vs the Assistasnt Commissioner

Juss Traders, Vs Hdb Financial Services Ltd.

Lekha .R., Vs the Manager