Kerala High Court
WP(C)/31409/2012 of BIJU P Vs STATE BANK OF TRAVANCORE on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 WP(C).No. 31409 of 2012 ( A ) --------------------------- PETITIONER(S): ----------------------- 1. BIJU P., AGED 39 YEARS S/O.C.PURUSHAN, ACHAN PARAMBIL, VENMANI
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
WP(C).No. 31409 of 2012 (A)
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PETITIONER(S):
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1. BIJU P., AGED 39 YEARS S/O.C.PURUSHAN, ACHAN PARAMBIL, VENMANI POST CHENGANNOOR, ALAPPUZHA DISTRICT. S/O.C.PURUSHAN, ACHAN PARAMBIL, VENMANI POST CHENGANNOOR, ALAPPUZHA DISTRICT.
2. MANIYAMMA,
W/O.PURUSHAN, ACHAN PARAMBIL, VENMANI POST
CHENGANNOOR, ALAPPUZHA DISTRICT.
BY ADV. SMT.T.D.RAJALAKSHMI
RESPONDENT(S):
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1. STATE BANK OF TRAVANCORE,
VENMANY BRANCH, ALAPPUZHA DISTRICT
REPRESENTED BY ITS BRANCH MANAGER, PIN-689 509.
2. THE AUTHORISED OFFICER (CHIEF MANAGER), STATE BANK OF TRAVANCORE, REGIONAL OFFICE MAVELIKARA, ALAPPUZHA DISTRICT, PIN-690 101. STATE BANK OF TRAVANCORE, REGIONAL OFFICE MAVELIKARA, ALAPPUZHA DISTRICT, PIN-690 101.
R1 & R2 BY ADVS. SRI. SATHISH NINAN, SC
SRI. SANTHOSH MATHEW, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 31409 of 2012 (A)
APPENDIX
PETITIONERS' EXHIBITS :
EXT.P1- PHOTO COPY OF THE NOTICE DT. 20.10.2011 ISSUED BY THE 2ND RESPONDENT.
EXT.P2- PHOTO COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER IN CMP.2545/2012 OF CJM ALAPPUZHA DT. 7.12.2012.
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.S. TO JUDGE
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ANTONY DOMINIC,J
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W.P.(C)No.31409 of 2012
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Dated this the 31[st] day of December, 2012
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JUDGMENT
Petitioners availed of a loan of Rs.4.5 lakhs from therespondent Bank in 2008. The loan ought to have beenrepaid by 24.08.2011. Default was committed andtherefore, SARFAESI proceedings were initiated. Ext.P1is the notice issued under Section 13(2) of the Act.Subsequently, the Advocate Commissioner appointed bythe Chief Judicial Magistrate, Alappuzha has issued Ext.P2notice, proposing to takeover possession of the property.It is at that stage, the writ petition is filed with a prayerto allow the petitioners to pay the amount due ininstalments.
2. The learned standing counsel appearing for the Bank submits that as at present more than Rs.7.85 lakhsis due from the petitioners. He also sought to justify therecovery proceedings initiated.
W.P.(C).No.31409 of 2012
3. From the submissions made by the petitioners, itis evident that they are not disputing the liability or thequantum. On the other hand, they only seek aninstalment facility to discharge the liability itself. In viewof the above, I dispose of this writ petition with thefollowing directions:
1. That within two weeks from today, thepetitioners shall remit an amount ofRs.2 lakhs with the first respondent Bank. petitioners shall remit an amount ofRs.2 lakhs with the first respondent Bank.
2. If payment is made, the petitioners willalso be allowed to pay the balance liabilityin eight equal monthly instalments. also be allowed to pay the balance liabilityin eight equal monthly instalments.
3. The first instalment shall be paid on orbefore 15.02.2013 and the subsequentinstalments shall be paid on or before the15[th] of every succeeding month. before 15.02.2013 and the subsequentinstalments shall be paid on or before the15[th] of every succeeding month.
4. Subject to payment as above, the recovery proceedings will stand stayed and in case ln default is committed in paying any one of the instalments, the Bank will be free to continue the recovery action.
Writ petition is disposed of as above.
Sd/-
ANTONY DOMINIC, JUDGE