E.V.Thomas Vs. the Regional Manager/Authorised Officer, Kerala State Co-ope

E.V.Thomas vs The Regional Manager/Authorised Officer, Kerala State Co-ope

Type Court Judgment Court Kerala Decided Jul 08, 2013

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https://sooperkanoon.com/case/1018212

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Citation: sooperkanoon.com/1018212
Court: Kerala High Court
Judge: Honourable Mr.Justice a.M.Shaffique
Decided On: Jul 08, 2013
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

E.V.Thomas

Respondent

The Regional Manager/Authorised Officer, Kerala State Co-ope

Excerpt

.....debtor in respect of loan taken from the respondent bank. it is stated that proceedings were taken by the respondent in terms of ext.p1 for effecting sale of the petitioner's property. the amount due is shown as rs.49,89,837/-. the petitioner had submitted ext.p4 representation before the president of the respondent bank. petitioner submits that if one time settlement is granted in the matter, petitioner will be able to discharge the debt in instalments.2. having regard to the fact that the petitioner has an efficacious alternative remedy to challenge the proceedings under the securitization and reconstruction of financial assets and enforcement of security interest act, 2002 (hereinafter referred to as sarfaesi act), i do not intend to interfere with the action taken by the respondent bank. however, in view of the fact that the petitioner seeks some indulgence from the respondent bank, i am of the view that this writ petition can be disposed of with a direction to the respondent bank to consider ext.p4 and pass appropriate orders.3. in the result, this writ petition is disposed as follows: w.p.(c).no.17097 of 201.2 the board of the respondent bank shall consider ext.p4 representation submitted by the petitioner before the president of the respondent bank and appropriate orders may be passed within a period of two months from the date of receipt of a copy of this judgment. a.m.shaffique, judge cms

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY,THE 8TH DAY OF JULY 2013 17TH ASHADHA, 1935 WP(C).No. 17097 of 2013 (J) ---------------------------- PETITIONER : ----------------------- E.V.THOMAS, AGED 6 YEARS, S/O. ERAYIL VILLIAN THOMAS, C.FINES GARMENTS, M.G.ROAD, ERNAKULAM. BY ADVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENTS : ----------------------------- 1. THE REGIONAL MANAGER/AUTHORIZED OFFICER, KERALA STATE CO-OPERATIVE BANK LTD, DORIASWAMY IYER ROAD, ERNAKULAM, COCHIN-682 035.

2. THE MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., PULLEPADY, CHITOOR ROAD, COCHIN-682 035. R1 & R2 BY ADV. SRI.K.RAVIKUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C).No. 17097 of 2013 (J) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 : COPY OF THE LETTER DTD.24.5.2013 ERO/202/SRE.899/142/2013-14 ISSUED BY THE KERALA STATE CO-OPERATIVE BANK LTD. P2 : COPY OF THE LETTER DTD.3.6.2013 ISSUED TO THE AUTHORIZED OFFICER. P3 : COPY OF THE LETTER DTD.5.6.2013 ISSUED BY THE KERALA STATE CO- OPERATIVE BANK LTD. P4 : COPY OF THE REPRESENTATION DTD.17.6.2013 ISSUED BY THE PETITIONER. RESPONDENT(S)' EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts A.M.SHAFFIQUE,J.

--------------------------- W.P.(C).No.17097 OF 201.---------------------------- Dated this the 8th day of July, 2013 JUDGMENT Petitioner is admittedly a debtor in respect of loan taken from the respondent bank. It is stated that proceedings were taken by the respondent in terms of Ext.P1 for effecting sale of the petitioner's property. The amount due is shown as Rs.49,89,837/-. The petitioner had submitted Ext.P4 representation before the President of the respondent bank. Petitioner submits that if one time settlement is granted in the matter, petitioner will be able to discharge the debt in instalments.

2. Having regard to the fact that the petitioner has an efficacious alternative remedy to challenge the proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as SARFAESI Act), I do not intend to interfere with the action taken by the respondent bank. However, in view of the fact that the petitioner seeks some indulgence from the respondent bank, I am of the view that this writ petition can be disposed of with a direction to the respondent bank to consider Ext.P4 and pass appropriate orders.

3. In the result, this writ petition is disposed as follows: W.P.(C).No.17097 OF 201.2 The Board of the respondent bank shall consider Ext.P4 representation submitted by the petitioner before the President of the respondent Bank and appropriate orders may be passed within a period of two months from the date of receipt of a copy of this judgment. A.M.SHAFFIQUE, JUDGE cms

Same Court & Year Kerala · 2013 Same Parties E.V.Thomas vs The Regional Manager/Authorised Officer, Kerala... Same Subject Land Acquisition Same Judge Honourable Mr.Justice a.M.Shaffique