Kerala High Court
WP(C)/41237/2016 of M/S. NOORUL ISLAM TRUST Vs THE FEDERAL BANK on 30 December 2016
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938 WP(C). NO.41237 OF 2016 (D) -------------------- PETITIONER(S): ------------- M/S.NOORUL ISLAM TRUST, AL-AZHAR CAMPUS, PERUMBILLICHIRA PO, THODUPUZHA, IDUKKI
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938
WP(C). NO.41237 OF 2016 (D)
--------------------
PETITIONER(S):-------------
M/S.NOORUL ISLAM TRUST, AL-AZHAR CAMPUS, PERUMBILLICHIRA PO, THODUPUZHA, IDUKKI DISTRICT, REPRESENTED BY ITS CHAIRMAN, K.M. MOOSA.
BY ADV. SRI.ALIAS M.CHERIAN
RESPONDENT(S):
--------------
1. THE FEDERAL BANK, MG. ROAD BRANCH, GROUND FLOOR, KRISHNA HOSPITAL, OPP. MAHARAJA'S COLLEGE GROUND, MG ROAD, ERNAKULAM-682011, REPRESENTED BY ITS BRANCH MANAGER. 2. THE AUTHORIZED OFFICER,THE FEDERAL BANK, MG ROAD BRANCH,GROUND FLOOR, KRISHNA HOSPITAL,OPP. MAHARAJA'S COLLEGE GROUND,MG ROAD, ERNAKULAM 682011. BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SMT.NIGI GEORGE SRI.T.K.NAVAS
THIS WRIT PETITION(CIVIL) HAVING BEEN FINALLY HEARD ON 30-12-2016,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
PETITIONER(S)' EXHIBITS:
P1: COPY OF THE NOTICE DATED 23.06.2016.
P2: COPY OF THE REPRESENTATION 22.12.2016.
P3: COPY OF THE NOTIFICATION NO.S.O.3407(E) DATED 08.11.2016.
RESPONDENT(S)' EXHIBITS:NIL
KRJ
/TRUE COPY/
P.A TO JUDGE
DEVAN RAMACHANDRAN, J
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No.41237 of 2016
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Dated this the 30[th] day of December, 2016
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JUDGMENT
No one appears for the respondents, in spite of service ofnotice by special messenger.
2. The petitioner alleges that subsequent to Exhibit P1, which is a notice issued under Section 13(2) of the SARFAESI Act, theyhave not received any further notice or proceedings. They alsoassert that they have preferred Exhibit P2 representation againstExhibit P1 notice, albeit beyond the statutory period. They pray thattheir representation be directed to be disposed of by the Bankbefore further action is taken by them.
3. Since the petitioner has preferred Exhibit P2 against ExhibitP1, though obviously beyond the time as is required under thestatute, it would only be appropriate for the Bank to consider ExhibitP2 and inform the petitioner as to whether they can be allowed toliquidate the loan liability in installments, as has been prayed for bythem therein and if no, in what manner. I make it clear that I do notdeem Exhibit P2 to be a statutory objection, but only arepresentation pleading for leniency, for the purpose of enabling the WP(C).41237/16
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petitioner to liquidate the liability in installments. The competentamong the respondents is, therefore, directed to consider anddispose of Exhibit P2 as indicated above, after giving an opportunityof hearing to the petitioner, within a period of one month from thedate of receipt of a copy of this judgment.
Writ petition is disposed of as above.
krj.4/1/2017
Sd/-Devan Ramachandran, Judge