Disposed

Markose Kuzhalanattu v. Chief Manager, Kerala Financial Corporation

Kerala HC2 Mar 2021WP(C)/463/2021

Case brief

AI extract

What is this about?

Petitioners challenging auction notice upon loan default filed this writ petition claiming construction progress and natural calamities as hindrances. The High Court disposed of the petition directing the bank to consider the petitioners' representation for Option to Transfer and installment payment arrangement within three weeks.

What did the court decide?

Direction to 1st respondent to consider Ext.P4 representation and pass orders after hearing within three weeks.

Markose Kuzhalanattu Vs Chief Manager, Kerala Financial… — Banking and Recovery | Kerala HC (2021)

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WP(C).No.463 OF 2021(G)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

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WP(C).No.463 OF 2021(G)

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PETITIONER/S:

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1 MARKOSE KUZHALANATTU AGED 51 YEARS S/O. K. M. ABRAHAM, PROPRIETOR, M/S SONIA PALM SPRINGS, KUZHALANATTU (H), MANNATHUR P. O., MUVATTUPUZHA.

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2 SARA MARKOSE AGED 41 YEARS W/O. MARKOSE, KUZHALANATTU (H), MANNATHUR P. O., MUVATTUPUZHA.

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BY ADV. SRI.L.RAJESH NARAYAN

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RESPONDENT/S:

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1 CHIEF MANAGER, KERALA FINANCIAL CORPORATION BRANCH OFFICE, FINANCE TOWER, KALOOR, ERNAKULAM - 682 017.

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2 MANAGING DIRECTOR KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, TRIVANDRUM - 695 003.

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3 DEPUTY TAHSILDAR (RR) KERALA FINANCIAL CORPORATION, ERNAKULAM - 682 017.

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ADV. SRI.M.R.VENUGOPAL ADV. SMT.DHANYA P.ASHOKAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.463 OF 2021(G)

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JUDGMENT

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Dated this the 2^nd day of March 2021

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The petitioners who had availed loan from the Kerala Financial Corporation has filed this Writ Petition aggrieved by Ext.P3 notice issued on 02.12.2020 for e-auction of the property which was given towards security. It is stated that the said notice issued without considering the objections raised against Ext.P1 notice for fixing of reserved price to which petitioners have submitted Ext.P2 reply. It is stated that loan was availed for starting a bar attached hotel. Petitioners filed this Writ Petition stating that they have already completed 80% of the construction and could not start the project on account of various hindrances and natural calamities. Petitioners have along with I.A.No.1/2021 produced Ext.P4 representation submitted before the respondents in which they have requested for the benefit of OTS and also for permission to make payment in installments.

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I heard the learned Standing Counsel who pointed out

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that petitioners are prolonged defaulters. It is stated that the property was already taken over under section 29 and no payment has been made by the petitioners.

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At any rate petitioners have approached respondents 1 and 2 with Ext.P4 representation. Therefore, the Writ Petition is disposed of, with a direction to the 1^st respondent to consider

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WP(C).No.463 OF 2021(G)

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Ext.P4 representation and pass orders on the same after hearing them within a period of three weeks from the date of receipt of a copy of the judgment.

Sd/-

P.V.ASHA

JUDGE

rkc

WP(C).No.463 OF 2021(G)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE NO.KF	COPY OF THE NOTICE DATED 09.11.2020 C/EKM/741/2020.
EXHIBIT P2	TRUE	COPY OF THE REPLY DATED 19.11.2020.
EXHIBIT P3	TRUE NO.KF	COPY OF THE NOTICE OF SALE C/EKM/830/2020 DATED 02.12.2020.
EXHIBIT P4	TRUE 25.1.	COPY OF THE REPRESENTATION DATED 2021

Markose Kuzhalanattu v. Chief Manager, Kerala Financial Corporation

Case brief

What is this about?

What did the court decide?

Markose Kuzhalanattu v. Chief Manager, Kerala Financial Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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