Saron R.S., Vs U.C.O. Bank

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE C.S.DIAS

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THURSDAY, THE 8TH DAY OF JUNE 2023 / 18TH JYAISHTA, 1945

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WP(C) NO. 3107 OF 2023

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PETITIONER:

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1SARON R.S.,
AGED 43 YEARS
S/O SASIDHARAN; RESIDING AT: THATTARVILAKOM,
PERUMKULAM P.O., NILAKKAMUKKU, THIRUVANTHAPURAM -695102
BY ADVS.
R.RAJESH (VARKALA)
M.KIRANLAL
MANU RAMACHANDRAN
SAMEER M NAIR
GEETHU KRISHNAN
SAILAKSHMI MENON

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RESPONDENTS:

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1 U.C.O. BANK, BODY CORPORATE; REGISTERED AT: U.C.O BANK HEAD OFFICE, IO, BTM SARANI, KOLKATA, WEST BENGAL-700001

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2 MANAGER,

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UCO BANK; OFFICE AT: BANK BRANCH, VARKALA, TEMPLE ROAD, MAITHANAM, VARKALA P.O., THIRUVANANTHAPURAM, PIN - 695141

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3 THE AUTHORIZED OFFICER UNDER SECURITIZATION ACT, UCO BANK, OFFICE AT: BANK BRANCH, VARKALA, TEMPLE ROAD, MAITHANAM, VARKALA P.O., THIRUVANANTHAPURAM, PIN - 695141

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4 SAJU R.S, AGED 45 YEARS

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S/O SASIDHARAN; RESIDING AT: ASARI VILAKOM, PANAYARA P.O.,
VARKALA, THIRUVANANTHAPURAM, PIN - 695145
BY ADV DEEPAK JOY.K.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC No.3107 of 2023

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C.S.DIAS, J.

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W.P.(C.) No.3107 of 2023

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Dated this the 08^th day of June, 2023 JUDGMENT

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The writ petition is filed, interalia, to direct the second respondent to consider and dispose of Ext.P3 representation expeditiously and until such time defer further proceedings pursuant to Exts.P1 and P2 sale notice.

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The petitioner's case is that, he is a coborrower with the fourth respondent in respect of a housing loan that was availed from the second respondent bank. They jointly created an equitable mortgage in favour of the bank. Due to the unprecedented floods and the Covid-19 pandemic, they failed to pay the EMIs on time. The respondents have now proceeded against

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WPC No.3107 of 2023

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secured asset under the Securitization and Reconstruction of Financial Assets and

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Enforcement of Security Interest Act (in short, ‘Act’). The petitioner has preferred Exts.P3 representation on 18.01.2023, volunteering to pay the entire outstanding amount by availing the One Time Settlement Scheme. But, the respondents have not considered the representation, instead are proceeding against the secured asset. Hence, the writ petition.

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Heard; Sri.Rajesh R., the learned Counsel

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appearing for the petitioner and Sri.Deepak Joy K., the learned Counsel appearing for the respondents.

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Having considered the pleadings and materials on record and taking note of the fact that Ext.P3 representation is pending consideration before the second respondent, I deem it appropriate to dispose of the writ petition

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WPC No.3107 of 2023

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in the following manner:

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(ii) The second respondent is directed to

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consider and dispose of Ext.P3 representation, in accordance with law and as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a certified copy of this judgment, after affording to the petitioner an opportunity of being heard.

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(ii) Until such time orders are passed on Ext.P3 representation, further coercive proceedings, pursuant to Exts.P1 and P2, shall stand deferred.

Sd/-

C. S. DIAS

JUDGE

SKP/08-06

WPC No.3107 of 2023

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	`APPENDIX OF WP(C) 3107/2023`
`PETITIONER’S`	`EXHIBITS:`
`EXHIBIT P1`	`A TRUE COPY OF THE NOTICE ISSUED BY 3RD` `RESPONDENT UNDER SECTION 13(2) TO PETITIONER` `AND 4TH RESPONDENT AS ON 12.03.2018`
`EXHIBIT P2`	`A TRUE COPY OF THE SALE NOTICE DATED 12.06.2019` `ISSUED BY 3RD RESPONDENT TO PETITIONER AND 4TH` `RESPONDENT`
`EXHIBIT P3`	`A TRUE COPY OF THE PETITIONER APPLICATION TO` `2ND RESPONDENT AS ON 18.01.2023`
`RESPONDENTS'`	`EXHIBITS:NIL`

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TRUE COPY

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P.A.TO JUDGE

Saron R.S., v. U.C.O. Bank

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Saron R.S., v. U.C.O. Bank

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