The High Court ordered the petitioner to pay a lump sum, with balance over dues cleared in two installments, and to pay pending charges and EMIs. If complied with, the bank must abey proceedings.
Directing the transfer of Rs. 75,000 immediately with balance dues cleared in two installments; pending proceedings to remain in abeyance if conditions are met.
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 ALEXANDER THOMAS
FRIDAY, THE 17TH DAY OF JANUARY 2020 / 27TH POUSHA, 1941
WP(C).No.465 OF 2020(G)
PETITIONER:
SUNDAR RAJ T AGED 63 YEARS S/O. THIRUVENKITUM, TC 54/3276 (1), TKRA-55, SOMAN NAGAR, NEDUMCAUD, KARAMAMA P.O, THIRUVANANTHAPURAM DISTRICT, PIN-695 002
BY ADVS. SRI.NAVEEN RADHAKRISHNAN KUM. K. REMIYA RAMACHANDRAN
RESPONDENT:
THE AUTHORIZED OFFICER ASSISTANT GENERAL MANAGER, KARAMANA CO- OPERATIVE URBAN BANK LIMITED NO.1761, KARAMANA P.O., THIRUVANANTHAPURAM DISTRICT,PIN-695 002
OTHER PRESENT:
SRI.R.S.KALKURA, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC No. 465 of 2020
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ALEXANDER THOMAS, J.
========================
WP(C).NO. 465 of 2020
=======================
Dated this the 17th day of January, 2020
J U D G M E N T
The prayers in the above Writ Petition (Civil) are as
follows:
“ I) To issue a writ of certiorari and quash Exhibit P2 as illegal and arbitrary.
ii) To issue a writ of mandamus directing the Respondent Bank to refrain from proceeding against the Petitioner under the SARFAESI Act.
Iii) To issue such other writ, order or direction which this Hon'ble court may deem fit and proper in the facts and circumstances of this case.
iv) To issue a writ of mandamus directing the Respondent Bank to regularise the loan amount and to grant instalments to pay the outstanding loan amount. ”
appearing for the petitioner and Sri. R. S. Kalkura learned
Standing Counsel appearing for the respondent (Karamana Cooperative Urban Bank Limited).
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Sri. R. S. Kalkura learned Standing Counsel appearing for the respondent (Karamana Co-operative Urban Bank Limited) would submit on the basis of instructions that the time limit stipulated by this court for compliance of the conditional interim order dated 09.01.2020 for paying the amount of Rs. 75,000/- is up to 31.01.2020 and that as on today (17.01.2020) the over dues to be cleared by the petitioner for regularization of loan account in this case comes to around Rs. 2,10,763/- (Rupees Two Lakh Ten Thousand Seven Hundred and Sixty three only) and that in case the petitioner complies the above said condition to pay the amount of Rs. 75,000/- on or before 31.01.2020, then the respondent Bank is prepared to give one last opportunity to clear the balance over dues in 2 equal installments, on or before 28.02.2020 and on or before 31.03.2020.
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proceed further with the impugned proceedings from the stage where it has been stopped. Recording the above said submissions, the following directions and orders are passed:
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steps in pursuance of the impugned proceedings until the expiry of the above said time limit for payment of last installment.
With these observations and directions, the above Writ Petition (Civil) stands finally disposed of.
(Sd/-)
LU
ALEXANDER THOMAS JUDGE
WPC No. 465 of 2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1
TRUE COPY OF THE MC NO.1375/2019 DATED 21.11.2019 FILED BY THE RESPONDENT BANK AGAINST THE PETITIONER BEFORE THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT
EXHIBIT P2
TRUE COPY OF THE NOTICE DATED 19.12.2019 ISSUED TO THE PETITIONER BY THE ADVOCATE COMMISSIONER.
// True Copy // PA To Judge
1 issue framed by the court
Whether the impugned proceedings under the SARFAESI Act should be quashed or directed to be regularized?
Sundar Raj T
The Authorized Officer Assistant General Manager, Karamana Co-operative Urban Bank Limited
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
