Ashraf Ibrahim.K., vs Authorized Officer (Sarfaesi),

Type Court Judgment Court Kerala Decided Oct 11, 2023

~2 min read

https://sooperkanoon.com/case/1387210

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1387210
Court: Kerala High Court
Judge: Honourable Mr.Justice K. Babu
Decided On: Oct 11, 2023
Case Number: WP(C)/29940/2022

Parties & Advocates

Appellant / Petitioner

Ashraf Ibrahim.K.,

Respondent

Authorized Officer (Sarfaesi),

Excerpt

.....loan amount in respect of the exhibit p1 loan. ii) to issue a writ of mandamus or any other respondents to regularize exhibit p1 loan account. iii) to permit the petitioner to dispense with the production of translation of exhibits p2 and p3 in vernacular language. iv) to grant such other reliefs as this honourable court may deem fit in the circumstances of this case.2. heard both sides.3. the learned counsel for the petitioners confined the relief to give a direction to the bank to take a decision on ext.p3 in a time bound manner.4. the learned standing counsel for the bank submits that the bank will consider ext.p3 and take a decision thereon within a period of two weeks from this date.5. therefore, the writ petition is disposed of, directingthe competent authority of the bank to take a decision on ext.p3 within one month from this day. the proceedings initiated under the sarfaesi act against the petitioners shall be kept in abeyance till a decision is taken on ext.p3. sd/- k. babu, judge as appendix of wp(c) 29940/2022 petitioner exhibits exhibit-p1 true copy of the relevant pages of the loan account details as on 24.08.2022 issued by the 2nd respondent. exhibit-p2 true copy of the notice issued by the advocate commissioner. exhibit-p3 the true copy of the representation dated 15.09.2022 submitted before the 2nd respondent.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU WEDNESDAY, THE 11TH DAY OF OCTOBER 2023 / 19TH ASWINA, 1945 PETITIONERS: 1 ASHRAF IBRAHIM.K., AGED 56 YEARS S/O LATE IBRAHIM, KANJIRATHINGAL HOUSE, 2 SULAIKHA ASHRAF, AGED 47 YEARS W/O ASHRAF IBRAHIM, KANJIRATHINGAL HOUSE, SALIM V.S. K.MUHAMMED THOYYIB A.M.FOUSI RESPONDENTS: 1 AUTHORIZED OFFICER (SARFAESI), MANAPPURAM FINANCE,HEAD OFFICE, MANAPPURAM HOUSE VALAPPAD, THRISSUR DISTRICT., PIN - 680567 2 THE BRANCH MANAGER MANAPPURAM FINANCE, DOWN HILL, MALAPPURAM., PIN - 676519 C.HARIKUMAR . SANDRA SUNNY(K/926/2020) ARUN KUMAR M.A(K/1197/2021) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K. BABU, J.
------------------------------------ W.P.(C) No.29940 of 2022 ------------------------------------- Dated this the 11th day of October, 2023

J U D G M E N T

The prayers in this Writ Petition are as follows:

i) to issue a writ of mandamus or any other respondents to grant 12 months time to settle the over due loan amount in respect of the exhibit P1 loan. ii) to issue a writ of mandamus or any other respondents to regularize exhibit P1 loan account. iii) to permit the petitioner to dispense with the production of translation of exhibits P2 and P3 in vernacular language. iv) to grant such other reliefs as this Honourable Court may deem fit in the circumstances of this case.

2. Heard both sides.

3. The learned counsel for the petitioners confined the relief to give a direction to the Bank to take a decision on Ext.P3 in a time bound manner.

4. The learned Standing Counsel for the Bank submits that the Bank will consider Ext.P3 and take a decision thereon within a period of two weeks from this date.

5. Therefore, the writ petition is disposed of, directing

the competent authority of the Bank to take a decision on Ext.P3 within one month from this day. The proceedings initiated under the SARFAESI Act against the petitioners shall be kept in abeyance till a decision is taken on Ext.P3. Sd/- K. BABU, JUDGE AS APPENDIX OF WP(C) 29940/2022 PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE RELEVANT PAGES OF THE LOAN ACCOUNT DETAILS AS ON 24.08.2022 ISSUED BY THE 2ND RESPONDENT. EXHIBIT-P2 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER. EXHIBIT-P3 THE TRUE COPY OF THE REPRESENTATION DATED 15.09.2022 SUBMITTED BEFORE THE 2ND RESPONDENT.

Same Court & Year Kerala · 2023 Same Parties Ashraf Ibrahim.K., vs Authorized Officer (Sarfaesi), Same Judge Honourable Mr.Justice K. Babu