Allowed

Suharabi, v. State of Kerala

Kerala HC23 Feb 2023WP(C)/1517/2023

Case brief

AI extract

What is this about?

Joint writ petitions challenging recovery proceedings by a bank under the SARFAESI Act. The Court directed the petitioners to pay the entire due amount by 30.06.2023. Pending such payment, possession proceedings are stayed. If payment is not made by the deadline, recovery proceedings resume.

What did the court decide?

Directed petitioners to pay entire liability to the 4th respondent Bank by 30.06.2023. Stayed further possession proceedings. Allowed respondents to continue recovery proceedings if payment is not mad

Suharabi, Vs State of Kerala — Contract and Commercial Disputes | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE T.R.RAVI

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THURSDAY, THE 23^RD DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944

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WP(C) NO. 1517 OF 2023

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PETITIONER:

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SUHARABI,

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W/O. MUHAMMED C.K., 4TH MILE, ALAMPADI P.O., KASARAGOD DISTRICT,, PIN - 671541

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BY ADVS. E.N.VISHNU NAMBOODIRI NARAYANAN P POTTY P.SANKARAN NAMPOOTHIRI M.K.SASEENDRAN (MELEL)

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 THE TAHSILDAR,

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TALUK OFFICE, KASARAGOD, PIN - 671121

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3 THE VILLAGE OFFICER, CHENGALA VILLAGE, KASARAGOD, PIN - 671541

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4 THE KERALA BANK, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, THIRUVANANTHAPURAM, PIN - 695033

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5 THE BRANCH MANAGER, KERALA STATE CO-OPERATIVE BANK, CHERKALA BRANCH, KASARAGOD, PIN - 671541

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6 THE AUTHORISED OFFICER UNDER SARFAESI ACT 2002, KERALA STATE CO-OPERATIVE BANK, REGIONAL OFFICE, KANNUR, PIN - 670001

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Dr.THUSHARA JAMES, SR.GP SRI.M.SASINDRAN, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2023, ALONG WITH WP(C).1684/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NOS.1517 & 1684 OF 2023 2

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶22

PRESENT

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THE HONOURABLE MR. JUSTICE T.R.RAVI

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THURSDAY, THE 23^RD DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944

¶25

WP(C) NO. 1684 OF 2023

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PETITIONER:

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MUHAMMED C.K., S/O. KUNCHAMU, 4TH MILE, ALAMPADI P.O., KASARAGOD DISTRICT,, PIN - 671541

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BY ADVS. E.N.VISHNU NAMBOODIRI NARAYANAN P POTTY P.SANKARAN NAMPOOTHIRI M.K.SASEENDRAN (MELEL)

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 THE TAHSILDAR, TALUK OFFICE, KASARAGOD, PIN - 671121

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3 THE VILLAGE OFFICER, CHENGALA VILLAGE, KASARAGOD, PIN - 671541

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4 THE KERALA BANK, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, THIRUVANANTHAPURAM, PIN - 695033

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5 THE BRANCH MANAGER, KERALA STATE CO-OPERATIVE BANK, CHERKALA BRANCH, KASARAGOD, PIN – 671541

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WP(C) NOS.1517 & 1684 OF 2023 3

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6 THE AUTHORISED OFFICER UNDER SARFAESI ACT 2002, KERALA STATE CO-OPERATIVE BANK, REGIONAL OFFICE, KANNUR, PIN - 670001

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Dr.THUSHARA JAMES, SR.GP SRI.M.SASINDRAN,SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2023, ALONG WITH WP(C).1517/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NOS.1517 & 1684 OF 2023 4

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T.R. RAVI, J.

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-------------------------------------------- W.P.(C).Nos.1517 & 1684 of 2023

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Dated this the 23^rd day of February, 2023

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JUDGMENT

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These writ petitions are filed challenging proceedings for recovery of amounts which are due to the 4^th respondent Bank. The petitioners submit that the petitioners will be able to pay the entire amount by June, 2023, since finance is being arranged for the purpose. As at present the physical possession has already been taken and proceedings for sale are yet to be initiated.

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In the above circumstances, considering the submission made by the petitioners, these writ petitions are disposed of directing the petitioners to pay the entire liability to the 4^th respondent Bank on or before 30.06.2023. The further proceedings pursuant to taking of possession shall be kept in abeyance till then. If the petitioners fail to pay the amount, the 5^th and 6^th respondents are at liberty to continue the recovery proceedings from the stage as on today. If the petitioners are able to raise the necessary amounts before June, 2023 itself, they are free to approach the Bank for One Time Settlement.

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Sd/T.R.RAVI JUDGE

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LEK

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WP(C) NOS.1517 & 1684 OF 2023 5

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APPENDIX OF WP(C) 1517/2023

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF RELEASE DEED NO. 6037/2013 OF S.R.O. KASARAGOD DATED 12.11.2013
Exhibit P2	TRUE COPY OF ROUGH PLAN AND MAHAZAR DATED 15.12.2018 ISSUED BY THE 3RD RESPONDENT
Exhibit P3	TRUE COPY OF THE APPLICATION DATED 24.11.2018
Exhibit P4	TRUE COPY OF THE NOTICE DATED 28.10.2020 ISSUED BY THE 6TH RESPONDENT
Exhibit P5	TRUE COPY OF THE REPLY NOTICE DATED 28.12.2020 SENT BY PETITIONER TO 5TH RESPONDENT
Exhibit P6	TRUE COPY OF THE REPLY DATED NIL SENT BY 6TH RESPONDENT TO THE PETITIONER
Exhibit P7	TRUE COPY OF JUDGMENT DATED 5.10.2018 IN WP(C) NO. 23497/2018 OF THIS HON'BLE COURT

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WP(C) NOS.1517 & 1684 OF 2023 6

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APPENDIX OF WP(C) 1684/2023

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PETITIONER EXHIBITS

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Exhibit	P1 TRUE COPY OF RELE OF S.R.O. KASARAG	ASE DEED NO. 6037/2013 OD DATED 12.11.2013
Exhibit	P2 TRUE COPY OF THE BY THE OFFICE OF 5.12.2018	MAHAZAR AND PLAN ISSUED 3RD RESPONDENT DATED
Exhibit	P3 TRUE COPY OF THE 24.11.2018	APPLICATION DATED
Exhibit	P4 TRUE COPY OF THE 28.10.2020 ISSUED	SAID NOTICE DATED BY 6TH RESPONDENT
Exhibit	P5 TRUE COPY OF THE 28.12.2020 SENT B RESPONDENT	REPLY NOTICE DATED Y PETITIONER TO 5TH
Exhibit	P6 TRUE COPY OF THE 6TH RESPONDENT TO	REPLY DATED NIL SENT BY PETITIONER
Exhibit	P7 TRUE COPY OF THE IN WP(C) NO. 2349 COURT	JUDGMENT DATED 5.10.2018 7/2018 OF THIS HON'BLE

Suharabi, v. State of Kerala

Case brief

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Suharabi, v. State of Kerala

Case brief

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