IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 15088 OF 2022
PETITIONER:
UMMER P.R., AGED 61 YEARS
S/O. MUHAMEED HAJI, PERUMPADAPPIL PIYARS HOUSE,
POOTHARIKAL, PARAPPANNAGADI, MALAPPURAM 686 303.
BY ADV V.N.SUNIL KUMAR
RESPONDENTS:
1 THE AUTORIZED OFFICER,
UCO BANK, MG ROAD, ERNAKULAM, RAVIPURAM,
COCHIN 682 016.
2 MANAGER,
UCO BANK, MG ROAD,
ERNAKULAM, RAVIPURAM, COCHIN 682 016.
BY ADV DEEPAK JOY.K.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) 15088/2022
2
BECHU KURIAN THOMAS, J
..............................................
W.P.(C) No.15088 of 2022
.....................................
Dated this the 20 th day of May, 2022
JUDGMENT
The petitioner seeks the relief of repayment of the overdue amount under a loan account in instalments apart from seeking to restrain all proceedings pursuant to Ext.P4 sale.
2. During the course of hearing respondent expressed its disinclination to accept repayment of the overdue amount in instalments. Hence, the scope of the writ petition becomes confined to the challenge against the notice for sale.
3. Since the proceedings for sale can be effectively challenged before the Debts Recovery Tribunal, on noticing the disinclination of this Court to entertain the challenge against a sale, the learned counsel for the petitioner sought permission to WP(C) 15088/2022 3 withdraw the writ petition, with liberty to move the Tribunal.
4. In view of the above submissions, the writ petition is dismissed as withdrawn reserving the liberty of the petitioner to move the Debts Recovery Tribunal.
Sd/-
BECHU KURIAN THOMAS JUDGE AMV/20/05//2022 WP(C) 15088/2022 4 APPENDIX OF WP(C) 15088/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT UNDER SECTION 13 (2) OF SARFAESI ACT DATED 24.05.2021. Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT UNDER SECTION 13 (2) OF SARFAESI ACT DATED 04.09.2021. Exhibit P3 TRUE COPY OF THE POSSESSION NOTICE AFFIXED BY THE FIRST RESPONDENT DATED 02.12.2021.
Exhibit P4 TRUE COPY OF NOTICE FOR SALE OF IMMOVABLE PROPERTY ISSUED BY THE IST RESPONDENT DATED 21.04.2022. Exhibit P5 TRUE COPY OF THE RELEVANT DETAILS OF AUCTION PUBLISHED ON MADHYAMAM DAILY DATED 22.04.2022.
RESPONDENTS EXHIBITS : NIL TRUE COPY