The court disposed of writ petitions challenging bank recovery proceedings. It directed petitioners to pay the liability to the bank by 30.06.2023, kept sale proceedings in abeyance, and allowed recovery to continue if payment was not made.
Directed petitioners to pay the entire liability to the bank by June 30, 2023; proceedings for sale kept in abeyance.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 23RD DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944
WP(C) NO. 1517 OF 2023
PETITIONER:
SUHARABI,
W/O. MUHAMMED C.K., 4TH MILE, ALAMPADI P.O., KASARAGOD DISTRICT,, PIN - 671541
BY ADVS. E.N.VISHNU NAMBOODIRI NARAYANAN P POTTY P.SANKARAN NAMPOOTHIRI M.K.SASEENDRAN (MELEL)
RESPONDENTS:
Dr.THUSHARA JAMES, SR.GP SRI.M.SASINDRAN, SC
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:
WP(C) NOS.1517 & 1684 OF 2023 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 23RD DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944
WP(C) NO. 1684 OF 2023
PETITIONER:
MUHAMMED C.K., S/O. KUNCHAMU, 4TH MILE, ALAMPADI P.O., KASARAGOD DISTRICT,, PIN - 671541
BY ADVS. E.N.VISHNU NAMBOODIRI NARAYANAN P POTTY P.SANKARAN NAMPOOTHIRI M.K.SASEENDRAN (MELEL)
RESPONDENTS:
WP(C) NOS.1517 & 1684 OF 2023 3
6 THE AUTHORISED OFFICER UNDER SARFAESI ACT 2002, KERALA STATE CO-OPERATIVE BANK, REGIONAL OFFICE, KANNUR, PIN - 670001
Dr.THUSHARA JAMES, SR.GP SRI.M.SASINDRAN,SC
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:
WP(C) NOS.1517 & 1684 OF 2023 4
T.R. RAVI, J.
-------------------------------------------- W.P.(C).Nos.1517 & 1684 of 2023
Dated this the 23rd day of February, 2023
JUDGMENT
These writ petitions are filed challenging proceedings for recovery of amounts which are due to the 4th 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.
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 4th 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 5th and 6th 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.
Sd/T.R.RAVI JUDGE
LEK
WP(C) NOS.1517 & 1684 OF 2023 5
APPENDIX OF WP(C) 1517/2023
PETITIONER EXHIBITS
| 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 |
WP(C) NOS.1517 & 1684 OF 2023 6
APPENDIX OF WP(C) 1684/2023
PETITIONER EXHIBITS
| 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 |
2 issues framed by the court
Whether writ petitions challenging recovery proceedings for dues to the bank are maintainable considering the petitioners' request for a payment deadline.
Whether the proceedings for sale following possession can be kept in abeyance pending a lump-sum payment by the petitioners.
SUHARABI
MUHAMMED C.K.
STATE OF KERALA
THE TAHSILDAR
THE VILLAGE OFFICER
THE KERALA BANK
T.R. RAVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
