Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY,THE20H DAY OF JUNE201430TH JYAISHTA, 1936 WP(C).No. 9377 of 2014 (V) --------------------------- PETITIONER : ---------------------- 1. THAHIRA T.P., AGED32YEARS W/O.ABDUL NASSAR, RESIDING AT SHEIK PALACE, AYYAPPANKAVU, MUZHAKUNNU, VILAKODE POST, KANNUR DISTRICT-670703 2. ABDUL NASSAR, AGED44YEARS S/O.K.K. KHADER, RESIDING AT SHEIK PALACE AYYAPPANKAVU, MUZHAKUNNU, VILAKODE POST, KANNUR DISTRICT - 670703. BY ADVS.SRI.M.G.SREEJITH SRI.M.PRIYALAL RESPONDENTS : --------------------------- 1. THE SENIOR MANAGER FEDERAL BANK LTD, VALLITHODE BRANCH, KILIYANTHARA P.O., KANNUR-670706.
2. THE CHIEF MANAGER AND AUTHORISED OFFICER FEDERAL BANK LTD, ZONAL OFFICE, FEDERAL TOWERS MAVOOR ROAD, KOZHIKODE-673016 3. FEDERAL BANK LTD HEAD OFFICE, FEDERAL TOWERS, ALUVA-683101 R1 TO R3 BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2006-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 9377 of 2014 (V) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS : ------------------------------------- EXT. P1:- A TRUE COPY OF THE JUDGMENT
IN WP(C0 NO. 32957/11 DATED1212/2011 OF THIS HON'BLE COURT. EXT. P2:- A TRUE COPY RECEIPT ISSUED BY THE BANK IN PROOF OF THE PAYMENT DATED293/2014. EXT. P3 IN IA NO. 5361/2014:- COPY OF THE MEMO FILED BEFORE THE HONOURABLE CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY IN CMP NO. 317 OF 2013 BY THE PETITIONERS COUNSEL. EXT. P3 IN IA NO. 6214/2014:- COPY OF WEDDING CARD OF PETITIONER'S DAUGHTER. RESPONDENT(S)' EXHIBITS : NIL ---------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn K. Vinod Chandran, J -------------------------------- W.P.(C).No.9377 of 2014 --------------------------------- Dated this the 20th day of June, 2014 JUDGMENT
The petitioners were aggrieved by the recovery proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity "SARFAESI Act") for recovery of the defaulted loan amounts. The petitioners were before this Court in an earlier writ petition [W.P.(C).No.32957 of 2011], which was disposed of by granting ten instalments.
2. Even according to the petitioners, they remitted three instalments and thereafter defaulted. The petitioners have a contention that the 2nd petitioner met with an accident and was incapacitated. In such context, the petitioners should have approached this Court within a reasonable time. The petitioners have now approached this Court, again; when the Bank initiated recovery proceedings and prays for further instalments. The petitioners also contend that no statement of the accounts have been received as such. WP(C).No.9377 of 2014 - 2 - 3. The respondent-Bank promptly places before this court the amounts due, being Rs.46,02,083/- as on 09.05.2014. The petitioners then raise an objection with respect to the exact amounts due. It is to be noticed that even in Exhibit P1 they had not disputed the liability to pay or the quantum. The learned counsel for the respondent-Bank also submits that despite possession of the property having been taken over under the SARFAESI Act with proper orders from the jurisdictional Chief Judicial Magistrate Court, the petitioners trespassed into the property and resumed possession. Considering all the above circumstances, the writ petition is found to be devoid of merit and the same is, accordingly, dismissed. Parties are left to suffer their respective costs. Sd/- K.Vinod Chandran Judge. vku/- ( true copy )