Kerala High Court

WP(C)/12017/2025 of SHIJU VARGHESE, Vs MANAGER/AUTHORIZED OFFICER on 3 April 2025

Cites 0, Cited by 0

WP(C) NO. 12017 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 12017 OF 2025 PETITIONER/S: SHIJU VARGHESE,AGED 53 YEARS S/O. VARGHESE, VANDANAKKARA HOUSE, MANJALLOOR

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE GOPINATH P.

THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947

WP(C) NO. 12017 OF 2025

PETITIONER/S:

SHIJU VARGHESE,AGED 53 YEARS

S/O. VARGHESE, VANDANAKKARA HOUSE, MANJALLOOR VILLAGE, VAZHAKKULAM, ERNAKULAM DISTRICT, PIN - 686670

BY ADVS.

NAVEEN THOMAS

A.CHERIAN

RESPONDENT/S:

MANAGER/AUTHORIZED OFFICER

URBAN CO OPERATIVE BANK LTD, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686661

JOY JOHN,AGED 50 YEARS

MAKKUCHIRA HOUSE, VADAKODU P.O, MANJALLOOR VILLAGE, VAZHAKKULAM, ERNAKULAM, PIN - 686670

TAHASILDAR,TALUK OFFICE, MUVATTUPUZHA,

ERNAKULAM, PIN - 686661

SRI. SAJEEV KUMAR K. GOPAL, SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

JUDGMENT

The petitioner has availed credit facilities from the respondent bank. According to the petitioner, he was unable to service the loans availed by him from the respondent bank on account of the fact that he faced various difficulties in obtaining necessary statutory permissions for running a crusher unit. According to the petitioner, he has filed Exhibit P7 representation before the Manager of the respondent bank and the same may be directed to be considered.

2. Learned counsel appearing for the petitioner would submit that if the petitioner is given some time, he will be able service the loan accounts or clear the loan liabilities in full.

3. Learned counsel appearing for the respondent bank submits that the outstanding liability in respect of the loan availed by the petitioner is approximately Rs.77 lakh. It is submitted that, Exhibit P7 representation can be considered by the General Manager of the respondent bank and there is no objection in a direction being issued to consider Exhibit P7, in accordance with the law.

4. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent bank and considering the limited nature of relief sought for by the petitioner, the writ petition will stand disposed of, directing that the competent Authority of the respondent bank shall consider Exhibit P7 representation and take a decision thereon after affording an opportunity of hearing to the petitioners within a period of two months from the date of receipt of a certified copy of this judgment. Till such time as a decision is taken on Exhibit P7, further proceedings under the SARFAESI Act shall remain suspended. Sd/- GOPINATH P. JUDGE ajt

APPENDIX OF WP(C) 12017/2025 PETITIONER EXHIBITS Exhibit P 1 THE COPY OF THE QUARRYING PERMIT GRANTED UNDER THE CONSOLIDATED ROYALTY PAYMENT SYSTEM FOR THE EXTRACTION OF GRANITE DATED 16.09.2011 ISSUED BY DEPARTMENT OF MINING AND GEOLOGY ,ERNAKULAM Exhibit P 2 THE TRUE COPY OF THE RECOVERY NOTICE DATED 27-12-2021 ISSUED BY THE FIRST RESPONDENT Exhibit P 3 THE TRUE COPY OF THE NOTICE DATED 10-02-2022 ISSUED BY THE FIRST RESPONDENT Exhibit P 4 THE COPY OF THE NOTICE DATED 15-03-2022 ISSUED BY THE FIRST RESPONDENT Exhibit P 5 THE TRUE COPY OF THE ACKNOWLEDGMENT CERTIFICATE DATED 25-02-2025 ISSUED FROM DEPARTMENT OF INDUSTRIES AND COMMERCE Exhibit P 6 THE TRUE COPY OF THE SANCTION CERTIFICATE DATED 26-12-2024 FROM THE KERALA STATE POLLUTION CONTROL BOARD Exhibit P7 THE TRUE COPY OF THE LETTER DATED 4-03-2025 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead