Kerala High Court
WP(C)/12656/2025 of K.K. ANAND, Vs KERALA STATE CO-OPERATIVE BANK, on 8 April 2025
WP(C) NO. 12656 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 12656 OF 2025 PETITIONER/S: 1 K.K. ANAND,AGED 55 YEARS, S/O. KARUNAKARAN, KANJIRAMNILKKUNNATHIL HOUSE,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947
WP(C) NO. 12656 OF 2025
PETITIONER/S:
K.K. ANAND,AGED 55 YEARS, S/O. KARUNAKARAN, KANJIRAMNILKKUNNATHIL HOUSE, OMALLUR P.O., MANJINIKKARA MURI, OMALLUR VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT, PIN - 689647
SEEMA ANAND,AGED 48 YEARS, W/O. ANAND,
KANJIRAMNILKKUNNATHIL HOUSE, OMALLUR P.O., MANJINIKKARA MURI, OMALLUR VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT, PIN - 689647
BY ADVS.
P.HARIDAS
BIJU HARIHARAN
SHIJIMOL M.MATHEW
ROSHIN MARIAM JACOB
P.C.SHIJIN
PRAJISHA O.K.
RESPONDENT/S:
KERALA STATE CO-OPERATIVE BANK,
REPRESENTED BY ITS AUTHORISED OFFICER, REGIONAL OFFICE, P.B. NO. 104, OPP. MUNICIPAL TOWN HALL, ALAPPUZHA, PIN - 688001
KERALA STATE CO-OPERATIVE BANK,
ERSTWHILE PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK, OMALLUR BRANCH, OMALLUR, ALAPPUZHA DISTRICT
REPRESENTED BY ITS MANAGER, PIN - 689647
MANAGER,KERALA STATE CO-OPERATIVE BANK,
OMALLUR BRANCH, ERSTWHILE PATHANAMTHITTA DISTRICT CO- OPERATIVE BANK, OMALLUR BRANCH, OMALLUR, ALAPPUZHA
DISTRICT REPRESENTED BY ITS MANAGER, PIN - 689647
BY ADV K.AMMINIKUTTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Petitioners availed credit facilities from the respondent bank. On default being committed, proceedings have been initiated against the petitioners under the provisions of the SARFAESI Act and an Advocate Commissioner appointed under Section 14 of the SARFAESI Act by the Chief Judicial Magistrate Court, Pathanamthitta has issued a notice for taking physical possession of the secured asset.
2. Learned counsel appearing for the petitioners would submit that the petitioners have submitted Exhibit P7 request before the respondent bank essentially praying that only the extent of property that may be required for satisfying the liability be taken possession of, after excluding the residential house of the petitioners.
3. Learned counsel appearing for the respondent bank submits that a decision can be taken on Exhibit P7, though it is not clear as to whether the claim of the petitioners that proceedings against a portion of the property alone will be sufficient to clear the liability, is actually feasible.
4. Having heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent bank, the writ petition will stand disposed of, directing that the competent Authority of the respondent bank shall take a decision on Exhibit P7 (if it is received and pending) within a period of two weeks from the date of receipt of a certified copy of this judgment. Till such time as a decision is taken on Exhibit P7, steps for taking physical possession of the secured asset shall stand adjourned. I make it clear that I have not expressed any opinion on the merits of the matter and it will be open to competent Authority of the respondent bank to take a decision on Exhibit P7, in accordance with the law. Sd/- GOPINATH P. JUDGE ajt
APPENDIX OF WP(C) 12656/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AGREEMENT DATED 22.02.2018 EXECUTED BY THE PETITIONERS WITH THE BANK Exhibit P2 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONERS UNDER SECTION 13(2) OF SARFAESI ACT, 2002 DATED 13.10.2023 Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS UNDER SECTION 13(3-A) OF THE SARFAESI ACT TO THE 3RD RESPONDENT DATED 16.10.2023 Exhibit P4 TRUE COPY OF THE ORDER OF THE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA APPOINTING THE ADVOCATE COMMISSIONER TO TAKE POSSESSION OF THE PETITIONERS’ PROPERTY IN M.C. NO. 72/2025 DATED 01.02.2025 Exhibit P5 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONERS DATED 21.02.2025 Exhibit P6 TRUE COPY OF THE PROPERTY SCHEDULE SUBMITTED ALONG WITH THE APPLICATION UNDER SECTION 14 OF THE SARFAESI ACT BY THE BANK BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA DATED NIL Exhibit P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT DATED 03.03.2025