Anilkumar Ev vs Idbi Bank Limited Rep by Assistant General Manager/Authorized Officer

Type Court Judgment Court Kerala Decided Jun 27, 2022

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Citation: sooperkanoon.com/1442530
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Jun 27, 2022
Case Number: WP(C)/1210/2022

Parties & Advocates

Appellant / Petitioner

Anilkumar Ev

Respondent

Idbi Bank Limited Rep by Assistant General Manager/Authorized Officer

Excerpt

w.p(c).1210/22 1in the high court of kerala at ernakulampresent the honourable mr. justice gopinath p. monday, the 27th day of june 2022 / 6th ashadha, 1944 wp(c) no. 1210 of 2022 petitioner/s: e.v.anilkumar aged 44 years, s/o.late velayudhan enchikandathil house memadangu po, arikkuzha, muvattupuzha ernakulam, pin - 686672 by advs. c.r.sivakumar mini.m.nair bini.k respondent/s: 1 idbi bank limited rep by assistant general manager/authorized officer adjacent to molan's super market pulinattu properties, thankalam, kothamangalam, pin- 2 the general manager idbi bank limited shihab thangal road, panampilly nagar, kochi, kerala ernakulam, pin - 682036 3 the chairman & managing director idbi bank limted idbi tower, wtc complex,cuffe parade, colaba, mumbai, pin - 400005 by adv k.p.sujesh kumar this writ petition (civil) having come up for admission on 27.06.2022, the court on the same day delivered the following: w.p(c).1210/22 2judgmentwhen this writ petition is taken up for consideration today, it is submitted by the learned counsel for the petitioner that even the latest proposal submitted by the petitioner has been rejected by the respondent bank and prays that he may be given an opportunity to move the debts recovery tribunal against the securitisation proceedings initiated by the bank, leaving open all contentions of the petitioner.2. taking note of the above submission it is directed that if thepetitioner files a securitisation application within a period of one month from today, the period during which this writ petition was pending before this court, namely from 12.01.2022 till today (27.6.2022), shall stand excluded for the purposes of limitation. the writ petition is disposed of as above. sd/- gopinath p. judge okb/27.6.22 //true copy// p.s. to judge w.p(c).1210/22 3 appendix of wp(c) 1210/2022 petitioner exhibits exhibit1 the true copy of the communication issue to the petitioner from 1st respondent dated exhibit2 the true copy of the registered lett

Full Judgment

W.P(C).1210/22 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 27TH DAY OF JUNE 2022 / 6TH ASHADHA, 1944 WP(C) NO. 1210 OF 2022 PETITIONER/S: E.V.ANILKUMAR AGED 44 YEARS, S/O.LATE VELAYUDHAN ENCHIKANDATHIL HOUSE MEMADANGU PO, ARIKKUZHA, MUVATTUPUZHA ERNAKULAM, PIN - 686672 BY ADVS. C.R.SIVAKUMAR MINI.M.NAIR BINI.K RESPONDENT/S: 1 IDBI BANK LIMITED REP BY ASSISTANT GENERAL MANAGER/AUTHORIZED OFFICER ADJACENT TO MOLAN'S SUPER MARKET PULINATTU PROPERTIES, THANKALAM, KOTHAMANGALAM, PIN- 2 THE GENERAL MANAGER IDBI BANK LIMITED SHIHAB THANGAL ROAD, PANAMPILLY NAGAR, KOCHI, KERALA ERNAKULAM, PIN - 682036 3 THE CHAIRMAN & MANAGING DIRECTOR IDBI BANK LIMTED IDBI TOWER, WTC COMPLEX,CUFFE PARADE, COLABA, MUMBAI, PIN - 400005 BY ADV K.P.SUJESH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).1210/22 2

JUDGMENT

When this writ petition is taken up for consideration today, it is submitted by the learned counsel for the petitioner that even the latest proposal submitted by the petitioner has been rejected by the respondent bank and prays that he may be given an opportunity to move the Debts Recovery Tribunal against the securitisation proceedings initiated by the bank, leaving open all contentions of the petitioner.

2. Taking note of the above submission it is directed that if the

petitioner files a securitisation application within a period of one month from today, the period during which this writ petition was pending before this Court, namely from 12.01.2022 till today (27.6.2022), shall stand excluded for the purposes of limitation. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE okb/27.6.22 //True copy// P.S. to Judge W.P(C).1210/22 3 APPENDIX OF WP(C) 1210/2022 PETITIONER EXHIBITS Exhibit1 THE TRUE COPY OF THE COMMUNICATION ISSUE TO THE PETITIONER FROM 1ST RESPONDENT DATED Exhibit2 THE TRUE COPY OF THE REGISTERED LETTER WITH ACKNOWLEDGEMENT DATED 29/09/2021 Exhibit3 THE TRUE COPY OF THE MC NO 267/2021 Exhibit4 THE TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 15/12/2021 Exhibit5 THE TRUE COPY OF THE UNNUMBERED CAVEAT FILED BY THE 1ST RESPONDENT Exhibit6 THE TRUE COPY OF THE ONE TIME SETTLEMENT POLICY 2020 Exhibit7 THE TRUE COPY OF THE PETITIONER'S REQUEST FOR OTS FACILITY DATED 17/12/2021 RESPONDENT ANNEXURES R1(a) True copy of the Mahazar prepared by the advocate commissioner in MC No.267/2021 on R1(b) True copy of the FIR in Crime No.66/2022 of Vazhakkulam Police Station, dated 19/01/2022

Same Court & Year Kerala · 2022 Same Parties Anilkumar Ev vs Idbi Bank Limited Rep by Assistant General Ma... Same Judge Honourable Mr. Justice Gopinath P.