Kerala High Court
WP(C)/35950/2019 of LEKSHMI RAM, Vs CORPORATION BANK, on 31 December 2019
2019 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941 WP(C).No.35950 OF 2019(P) PETITIONER/S: LEKSHMI RAM, AGED 39 YEARS D/O.RAJENDRAN NAIR, RESIDING AT USHUS, VRINDAVAN GARDENS, PATTOM,
WP(C) 35950 of 2019
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941
WP(C).No.35950 OF 2019(P)
PETITIONER/S:
LEKSHMI RAM,AGED 39 YEARSD/O.RAJENDRAN NAIR, RESIDING AT USHUS, VRINDAVAN GARDENS, PATTOM, THIRUVANANTHAPURAM.
BY ADVS.SRI.THOUFEEK AHAMEDSRI.P.A.AHAMMED
RESPONDENT/S:
1CORPORATION BANK,VELLAYAMBALAM BRANCH, TRIVANDRUM REPRESENTED BY ITSMANAGER AND AUTHORISED OFFICER, PIN-695 010.
2SANDEEP.K.P.,AGED 32 YEARSS/O.PADMAKUMAR, VP 8/1284, VAZHOTTUKONAM, VATTIYOORKAVU P.O., VATTIYOORKAVU VILLAGE, PIN-695 013.
SRI.S.B.PREMACHANDRA PRABHU, STANDING COUNSEL FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON31.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 31st day of December 2019
The petitioner bid in Ext P2 auction that was conducted by the first respondent Bank. Ext P3agreement was executed between the petitioner and thesecond respondent, whereby the petitioner agreed topurchase the property covered by Ext P2 for an amount ofRs.65,25,000/-. In pursuance to Ext P3 agreement, thepetitioner paid an amount of Rs.32,76,750/- to therespondent. However, due to unforeseen financialdifficulties, she could not pay the balance saleconsideration.
2. The petitioner approached this Court by filingWP(C) 34527/2019. This Court by Ext P10 judgmentdirected the first respondent Bank to consider therepresentation submitted by the petitioner and take adecision in the matter. Nevertheless, the Bank by Ext P12letter dated 23.12.2019 declined the petitioner's offer topay the remaining amount within three months.
3. Aggrieved by Ext P12 decision, the petitioner is before this Court.
4. The limited request of the petitioner is to payoff the remaining sale consideration within a period ofthree months.
5. Heard Sri.P.A.Ahamed, the learned counsel forthe petitioner and Sri.S.B.Premachandra Prabhu, thelearned Standing Counsel for the first respondent Bank.
Heard Sri.P.A.Ahamed, the learned counsel for
6. The learned Standing Counsel submits that theBank is ready to offer the petitioner a further period ofone month to pay the balance sale consideration. Thecounsel for the petitioner seeks for three months time toraise the remaining amount.
7. Having considered the pleadings and
documents on record and after hearing the counsel onboth sides, I feel that in order to give quietus to thelitigation, and that it would be beneficial to the bank ifthe petitioner is permitted to pay balance saleconsideration within a reasonable time period, instead offoreclosing her right and inviting fresh rounds oflitigation.
8. Having regard to the fact that the petitioner has WP(C) 35950 of 2019
paid a substantial amount, and all that the petitionerneeds is a breathing time of two months, I deem itappropriate, in exercise of the jurisdiction of this Courtunder Article 226 of the Constitution of India, to directthe petitioner to pay the balance sale consideration withina period of two months from the date of receipt of a copyof this judgment. Needless to mention that if thepetitioner does not avail the benefit of this judgment asdirected above, no further extension of time ormodification of this judgment will be permitted.
The writ petition is ordered accordingly.
Sks/31.12.2019
Sd/-
C.S.DIAS
JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1TRUE COPY OF SALE DEED NO.1489/2018 OFSUB REGISTRY OFFICE, SASTHAMANGALAM DATED 18.06.2018.SUB REGISTRY OFFICE, SASTHAMANGALAM DATED 18.06.2018.
EXHIBIT P2TRUE COPY OF E-AUCTION NOTICE PUBLISHED BY THE BANK.PUBLISHED BY THE BANK.
EXHIBIT P3TRUE COPY OF AGREEMENT EXECUTED BETWEEN PETITIONER AND 2ND RESPONDENT DATED 13.05.2019.BETWEEN PETITIONER AND 2ND RESPONDENT DATED 13.05.2019.
Conclusion
EXHIBIT P4TRUE COPY OF LETTER DATED 13.05.2019 FROM THE PETITIONER TO THE 1ST RESPONDENT.FROM THE PETITIONER TO THE 1ST RESPONDENT.
EXHIBIT P5TRUE COPY OF THE PASSBOOK OF PETITIONER.PETITIONER.
EXHIBIT P6TRUE COPY OF ACKNOWLEDGEMENT RECEIPT DATED 01.10.2019.DATED 01.10.2019.
EXHIBIT P7TRUE COPY OF THE LETTER NO.OR/76/2019-20 DATED 04.10.2019 FROM THE 1ST RESPONDENT TO THE PETITIONER.20 DATED 04.10.2019 FROM THE 1ST RESPONDENT TO THE PETITIONER.
EXHIBIT P8TRUE COPY OF MEDICAL REPORT OF PETITIONER ISSUED FROM SUT HOSPITAL, PATTOM.PETITIONER ISSUED FROM SUT HOSPITAL, PATTOM.
EXHIBIT P9
TRUE COPY OF LETTER DATED 06.12.2019 FROM THE PETITIONER TO THE 1ST RESPONDENT.FROM THE PETITIONER TO THE 1ST RESPONDENT.
EXHIBIT P10TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WPC NO.34527/2019.COURT IN WPC NO.34527/2019.
EXHIBIT P11TRUE COPY OF LETTER ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT DATED21.12.2019.PETITIONER TO THE 1ST RESPONDENT DATED21.12.2019.
EXHIBIT P12TRUE COPY OF THE LETTER NO.OR/99/2019-20 ISSUED BY THE 1ST RESPONDENT TO THEPETITIONER DATED 23.12.2019.20 ISSUED BY THE 1ST RESPONDENT TO THEPETITIONER DATED 23.12.2019.