Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE28H DAY OF FEBRUARY20149TH PHALGUNA, 1935 WP(C).No. 5763 of 2014 (U) --------------------------- PETITIONER(S): -------------------------- ANITHA KURIAKOSE, AGED43YEARS, D/O. LATE K.C. KURIAKOSE, KALLUMKATHARA HOUSE, PARIPPU P.O.,KOTTAYAM- 686 024. BY ADVS.SRI.C.M.NAZAR, SRI.MANSOOR.B.H. RESPONDENT(S): ---------------------------- 1. CHIEF MANAGER / AUTHORISED OFFICER , SYNDICATE BANK, REGIONAL OFFICE, SHANMUGHAM ROAD, ERNAKULAM-682 031.
2. MANAGER, SYNDICATE BANK, KANJIKUZHY BRANCH, KOTTAYAM -686 001.
3. DEPUTY GENERAL MANAGER, SYNDICATE BANK, REGIONAL OFFICE, SHANMUGHAM ROAD, ERNAKULAM- 682 031. BY ADV. SRI.R.S. KALKURA, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2802-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C).No. 5763 of 2014 (U) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 A TRUE COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT UNDER SEC132) OF THE SARFAESI ACT DATED2808-2013. EXHIBIT P2 A COPY OF THE JUDGMENT
DATED1012-2014 IN W.A NO. 1834/2013. EXHIBIT P3 A TRUE COPY OF THE NOTICE DATED1701-2014 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs. P.R. RAMACHANDRA MENON, J.
- - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.5763 of 2014 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of February, 2014
JUDGMENT
The petitioner has approached this Court challenging the steps taken by the respondent Bank under the SARFAESI Act for taking over physical possession of the property, over which security interest has been created in respect of a housing loan, without any regard to Ext.P4 representation filed by the petitioner for extending appropriate reliefs.
2. It is brought on record that the petitioner had approached this Court earlier by filing W.P.(C). No.28290/2013. After considering the amounts to be satisfied under two different loans, the due amount was directed to be satisfied by way of 10 equal monthly instalments. The Bank took up the matter in appeal by filing W.A. No.1834/2013, wherein Ext.P2 judgment came to be W.P.(C)No.5763 of 2014 -2- passed. As per Ext.P2 judgment, the relief granted by the learned single Judge was modified and the number of instalments was reduced to 'four'; the first of which was to be effected on or before 15.01.2014 in respect of both the loans. The learned counsel submits that the petitioner could not satisfy the said requirement and it is in the said circumstance, the prayer is to cause Ext.P4 representation to be considered in a lenient manner.
3. The learned counsel appearing for the Bank submits that the matter has become final, by virtue of Ext.P2 verdict passed by the Division Bench. If the petitioner wants to clear the liability by availing the benefit of 'one time settlement scheme', and if any such representation is filed before the Bank, the same will be considered with reference to the merit involved and appropriate orders will be passed in this regard.
4. In view of the above submission, the writ petition is disposed of, with liberty to the petitioner to file a proper representation before the Bank to have the benefit of the said Scheme, if any; upon which the same shall be W.P.(C)No.5763 of 2014 -3- considered along with Ext.P4 and appropriate orders shall be passed thereon, as expeditiously as possible. The writ petition is disposed of. Sd/- P.R. RAMACHANDRA MENON, JUDGE shg/