Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 29TH DAY OF JULY 2022 / 7TH SRAVANA, 1944 WP(C) NO. 9967 OF 2021 PETITIONER: SIVAN C.K AGED 48 YEARS S/O. KUTTAPPAN C.K (LATE) CHALAKUZHIYIL VEEDU, BRAHMAPURAM P.O, ERNAKULAM DISTRICT 682 303 MOB. NO. 86065 69056 BY ADVS. K.G.RADHAKRISHNAN SRI.R.S.MAHESH KRISHNA RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM 695 001 2 THE AUTHORIZED OFFICER, PEOPLES URBAN CO-OPERATIVE BANK LTD, THRIPUNITHURA, POST BOX NO. 1, THRIPUNITHURA, ERNAKULAM DISTRICT 682 301 MOB NO. 27383446 BY ADV SRI.DEVAPRASANTH.P.J. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.9967/2021 -2-
JUDGMENT
The petitioner has approached this Court being aggrieved by the proceedings initiated by the respondent bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (hereinafter referred to as the SARFAESI Act).
2. When this matter is taken up for consideration on 15-06-2022, I issued the following interim order.
“Learned Counsel for the petitioner submits that considering the pathetic situation of the petitioner, Registrar of Co-operative Societies had issued a letter dated 16.05.2022 to the 2nd respondent bank to extend the maximum concessions to enable the petitioner to settle the liability. It is also pointed out that the bank did not consider the letter issued by the Registrar of Co- operative Societies stating that since the proceedings u/s 14 of the SARFAESI Act have been initiated and also an advocate commissioner has already been appointed by the Chief Judicial Magistrate, it is not open to the bank to consider the directions issued by the Registrar of Co-operative societies.
Learned Standing Counsel submits that the asset in question has become non-banking asset of the 2nd respondent on 20.03.2021.
Having regard to the facts and circumstances of the case, I direct the 2nd respondent to consider the directions issued by the Registrar of Co- operative Societies through letter dated 16.05.2022 and take a decision regarding the loan liability of the petitioner and to place a decision before this court within two weeks.
Post after two weeks. Till such time, taking physical possession of the petitioner's property shall be deferred.” Thereafter when the matter came up for consideration on 20-07-2022, the learned counsel appearing for the respondent placed before me a copy of the resolution passed at the meeting of the Board of Directors of the bank held on 23-06-2022, through which the Bank had permitted the petitioner to clear the liability by paying an amount of Rs.4,59,772/- when the total liability was Rs.4,91,817/-. However, W.P (C) No.9967/2021 -3- there was no representation for the petitioner and accordingly this matter was adjourned to be listed on 27-07-2022. On 27-07-2022 also there was no representation for the petitioner and accordingly the matter was adjourned to be listed today (29-07-2022). Today also when the matter is taken up for consideration, there is no representation for the petitioner. I am, therefore, left with no option but to dismiss this writ petition for non-prosecution. Sd/- GOPINATH P. JUDGE AMG W.P (C) No.9967/2021 -4- APPENDIX OF WP(C) 9967/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE NOTICE DATED 20-02-2021 ISSUED FROM THE 2ND RESPONDENT BANK TO THE PETITIONER. EXHIBIT P2 TRUE COPIES OF THE RECEIPTS ISSUED FROM THE 2ND RESPONDENT BANK. EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 23-03-2021 UNDER SARFAESI ACT.