Petitioner sought quashing of sale notice and loan regularisation under SARFAESI Act. Court disposed of writ permitting approach to bank as petitioner failed to repay undertaken amount.
Petitioner permitted to approach Bank for any relief in the matter.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 7TH DAY OF DECEMBER 2023 / 16TH AGRAHAYANA, 1945
WP(C) NO. 23030 OF 2023
PETITIONER:
KHADER.T.K,
AGED 43 YEARS
S/O MOIDEENKUTTY, THENAKKAT KUNNATH HOUSE,
PAVUKONAM(P.O), PALAKKAD DISTRICT, PIN – 679522
BY ADV K.RAVI (PARIYARATH)
RESPONDENTS:
1 THE AUTHORIZED OFFICER, CANARA BANK, VANIYAMKULAM BRANCH,ACADEMIC BLOCK, PKDIMS, VANIYAMKULAM, SHORANUR,
PALAKKAD DISTRICT, PIN - 679522
2 THE BRANCH MANAGER, CANARA BANK, VANIYAMKULAM BRANCH, ACADEMIC BLOCK, PKDIMS, VANIYAMKULAM, SHORANUR, PALAKKAD DISTRICT, PIN – 679522SRI.M. GOPIKRISHNAN NAMBIAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WP(C) No.23030 of 2023
JUDGMENT
Dated this the 7th day of December, 2023
The petitioner, who has availed a financial advance from
the Canara Bank, has approached this Court with the
following reliefs:
(i) To call for the records leading to Ext.P3, sale notice, by issuing a writ of certiorari and quash the same on a finding that it is illegal, in the interest of justice.
(ii) To issue a writ of mandamus or appropriate writ or direction commanding the respondents to provide reasonable time to pay off the defaulted installments, thereby having petitioner’s loan account regularised, in the interest of justice. (iii) To pass any such further orders as the petitioner may seek and this Hon’ble court deem fit to grant in the interest of justice.
When the writ petition came up for admission on 23.11.2023,
the petitioner undertook that he will try to pay the overdue amount of 2,50,000/- by 30.11.2023.₹
WP(C) No.23030 of 2023
3
23.11.2023.
submits that the petitioner may be permitted to approach the Bank authorities for redressal of his grievances.
In view of the above, the writ petition is disposed of permitting the petitioner to approach the Bank for any relief in the matter.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) No.23030 of 2023
4
APPENDIX OF WP(C) 23030/2023
PETITIONER EXHIBITS
Exhibit -P1TRUE COPY OF THE LETTER, SANCTIONING
THE LOAN, TO THE PETITIONER, ISSUED AT
THE INSTANCE OF THE SYNDICATE BANK,
VANIYAMKULAM BRANCH, DATED 19.12.15.
Exhibit -P2TRUE COPY OF THE STATEMENT OF ACCOUNT
PROVIDED TO THE PETITIONER, AT THE
INSTANCE OF THE 2ND RESPONDENT BANK,
DATED 28.02.2017.
Exhibit -P3TRUE COPY OF THE E- AUCTION SALE
NOTICE, ISSUED UNDER THE SARFAESI
ACT,2002 READ WITH PROVISO TO RULE
8(6) OF THE SECURITY INTEREST
( ENFORCEMENT) RULES, 2002, DATED
06.06.23.
1 issue framed by the court
Whether the writ petition maintaining loan regularisation and challenging auction notice should be disposed of pending repayment.
2 provisions across 2 enactments
K.Hader.T.K
The Authorized Officer, Canara Bank, Vaniyamkulam Branch
The Branch Manager, Canara Bank, Vaniyamkulam Branch
N.Nagares
Nagare
Nagresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court