K.Krishnan Kutty Vs. State Bank of India - Court Judgment

SooperKanoon Citationsooperkanoon.com/1087279
CourtKerala High Court
Decided OnSep-06-2013
JudgeHONOURABLE MR.JUSTICE V.CHITAMBARESH
AppellantK.Krishnan Kutty
RespondentState Bank of India
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice v.chitambaresh friday, the 6th day of september 2013/15th bhadra, 1935 wp(c).no. 21838 of 2013 (d) ---------------------------- petitioner(s): ------------ 1. k.krishnan kutty roshan building, near orthodox church, venmony.p.o. alappuzha.2. indira.k. krishan kutty, kuttumannil house, venmony.p.o. pin-689509. by advs.sri.t.rajesh smt.p.v.saritha venugopal respondent(s): ------------- 1. state bank of india regional business office beach road, alappuzha rep. by its authorized officer. pin-688501.2. state bank of india venomony branch, chenganoor road venomony. rep. by its manager venimony-689509. by sri.p.v.surendranath,sc,sbi this writ petition (civil) having come up for admission on 06-09-2013, the court on the same day delivered the following: rkc wp(c).no. 21838 of 2013 (d) ---------------------------- appendix petitioner(s)' exhibits ----------------------- p1. a true copy of the 13 (2) notice issued by the 1st respondent dated 24-2-2012. p2. a true copy of the notice issued by the 2nd respondent to the 2nd petitioner dated 7-9-2012. p3. a true copy of the notice issued by the advocate commissioner on 18-1-13. respondent(s)' exhibits: nil rkc true copy pa to judge v.chitambaresh,j.= = = = = = = = = = = w.p.(c) no.21838 of 2013 = = = = = = = = = = = == = = = = dated this the 6th day of september, 2013 judgment the petitioners expressly give up all the contentions in the writ petition and is rest contended with a facility to repay the amount due to the second respondent bank in easy instalments. i permit the petitioners to repay the amount due to the second respondent bank in ten equal monthly instalments starting from 1-11-2013.2. the coercive steps pursuant to ext.p1 notice shall be put on hold if the petitioners comply with the conditions in time. the coercive steps shall surge ahead in case the petitioners commit default in the payment of anyone of the instalments as directed above.3. nothing said herein above will preclude the petitioners from moving the second respondent bank for permission to effect private alienation of the property mortgaged in order to raise funds. it is up to the second respondent to grant permission if it w.p.(c) no.21838 o”2. can be ensured that the sale proceeds are applied to discharge the liability due to it. the writ petition is disposed of. v.chitambaresh judge smm
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 6TH DAY OF SEPTEMBER 2013/15TH BHADRA, 1935 WP(C).No. 21838 of 2013 (D) ---------------------------- PETITIONER(S): ------------ 1. K.KRISHNAN KUTTY ROSHAN BUILDING, NEAR ORTHODOX CHURCH, VENMONY.P.O. ALAPPUZHA.

2. INDIRA.K. KRISHAN KUTTY, KUTTUMANNIL HOUSE, VENMONY.P.O. PIN-689509. BY ADVS.SRI.T.RAJESH SMT.P.V.SARITHA VENUGOPAL RESPONDENT(S): ------------- 1. STATE BANK OF INDIA REGIONAL BUSINESS OFFICE BEACH ROAD, ALAPPUZHA REP. BY ITS AUTHORIZED OFFICER. PIN-688501.

2. STATE BANK OF INDIA VENOMONY BRANCH, CHENGANOOR ROAD VENOMONY. REP. BY ITS MANAGER VENIMONY-689509. BY SRI.P.V.SURENDRANATH,SC,SBI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-09-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKC WP(C).No. 21838 of 2013 (D) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- P1. A TRUE COPY OF THE 13 (2) NOTICE ISSUED BY THE 1ST RESPONDENT DATED 24-2-2012. P2. A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER DATED 7-9-2012. P3. A TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER ON 18-1-13. RESPONDENT(S)' EXHIBITS: NIL RKC TRUE COPY PA TO JUDGE V.CHITAMBARESH,J.

= = = = = = = = = = = W.P.(C) No.21838 of 2013 = = = = = = = = = = = == = = = = Dated this the 6th day of September, 2013

JUDGMENT

The petitioners expressly give up all the contentions in the writ petition and is rest contended with a facility to repay the amount due to the second respondent bank in easy instalments. I permit the petitioners to repay the amount due to the second respondent bank in ten equal monthly instalments starting from 1-11-2013.

2. The coercive steps pursuant to Ext.P1 notice shall be put on hold if the petitioners comply with the conditions in time. The coercive steps shall surge ahead in case the petitioners commit default in the payment of anyone of the instalments as directed above.

3. Nothing said herein above will preclude the petitioners from moving the second respondent bank for permission to effect private alienation of the property mortgaged in order to raise funds. It is up to the second respondent to grant permission if it W.P.(C) No.21838 o”

2. can be ensured that the sale proceeds are applied to discharge the liability due to it. The writ petition is disposed of. V.CHITAMBARESH JUDGE smm