Single-paragraph order in a writ petition challenging SARFAESI action and seeking One Time Settlement. Court directed the bank to consider the settlement proposal and suspend auction proceedings for two weeks.
Direction to bank to consider One Time Settlement proposal within two weeks; securities proceedings kept in abeyance for two weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 4TH DAY OF OCTOBER 2023 / 12TH ASWINA, 1945
WP(C) NO. 26171 OF 2023
PETITIONER:
NARAYANAN T
AGED 57 YEARS
S/O KUNHAMBU.K.T, KUNNUMKINATTUKARA, KODAKKAD P.O,
KASARGOD DISTRICT, PIN - 671531
BY ADVS.
K.JAYESH MOHANKUMAR
PUSHPARAJAN KODOTH
VANDANA MENON
VIMAL VIJAY
RESPONDENTS:
1 GENERAL MANAGERKERALA STATE CO-OPERATIVE BANK LTD, NEAR KSRTC BUS STAND,
KASARGOD, PIN - 671121
2 AUTHORIZED OFFICER KERALA STATE CO-OPERATIVE BANK, NEAR KSRTC BUS STAND, KASARGOD, PIN - 6711213 THE MANAGERKERALA STATE CO-OPERATIVE BANK, CHEEMENI ENGINEERING
COLLEGE BRANCH CHEEMENI PO KASARGOD, PIN - 671313
BY ADV M.SASINDRAN – STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.26171 OF 2023
2
K.BABU, J.
W.P.(C). No.26171 of 2023
Dated this the 04th day of October, 2023
JUDGMENT
The prayers in this Writ Petition are as follows:
“i) issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents not to proceed as against the residential house of the petitioner under SARFAESI Act;
ii) issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent bank to grant One Settlement Scheme and to permit the petitioner to pay the entire loan amount in 45 days towards the housing loan account after selling the property:
iii) to dispense with the production of translation of documents in vernacular language; and
iv) grant such other relief as this Hon'ble Court may deem fit and proper in the circumstances of the case.”
3
W.P.(C) NO.26171 OF 2023
If such a proposal is made by the petitioner, the competent authority in the respondent Bank is directed to consider and take a decision on the proposal within two weeks from this date. The proceedings initiated against the petitioner under the SARFAESI Act shall be kept in abeyance for a period of two weeks from this date.
The writ petition is disposed of as above.
Sd/-
K.BABU JUDGE
SMF
W.P.(C) NO.26171 OF 2023
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APPENDIX OF WP(C) 26171/2023
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF JUDGMENT IN WP (C) 26553/2022
DATED 23.08.2022
EXHIBIT P2TRUE COPY OF INTIMATION DATED 20.09.2023
FROM THE 2ND RESPONDENT TO THE PETITIONER
1 issue framed by the court
Whether to direct the bank to consider the petitioner's One Time Settlement proposal and suspend SARFAESI proceedings pending such consideration.
NARAYANAN T
KERALA STATE CO-OPERATIVE BANK LTD
K. BABU
As recorded by the court registry
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