Joseph N.Dominic vs The Authorised Officer
2021 Latest Caselaw 12050 Ker

WP(C).No.10000 OF 2021(Y)

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             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

    FRIDAY, THE 16TH DAY OF APRIL 2021 / 26TH CHAITHRA, 1943

                      WP(C).No.10000 OF 2021(Y)


PETITIONERS :-

      1         JOSEPH N.DOMINIC
                AGED 54 YEARS
                S/O.DOMINIC, NELLIMALAMATTATHIL HOUSE,
                THIMIRI POST, CHAPPARAPPADAVU,
                TALIPARAMBA, KANNUR, PIN -670142.

      2         LINDA JOSEPH
                W/O.JOSEPH N.DOMINIC,
                NELLIMALAMATTATHIL HOUSE, THIMIRI POST,
                CHAPPARAPPADAVU, TALIPARAMBA,
                KANNUR, PIN - 670 142.

                BY ADV. SHRI.VINOD VALLIKAPPAN

RESPONDENT :-

                THE AUTHORISED OFFICER
                SOUTH INDIAN BANK, REGIONAL OFFICE,
                KVR TOWER, PAMBAN MADHAVAN ROAD,
                TALAP, KANNUR, PIN - 670 002.



                ADV. SUNIL SHANKAR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.10000 OF 2021(Y)

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                            JUDGMENT

Dated this the 16th day of April 2021

The petitioners who have availed an agricultural loan

from the respondent bank has approached this court challenging

Ext.P2 notice issued by the Advocate Commissioner.

2. According to the learned counsel for the petitioners

Ext.P2 has been issued by the Advocate Commissioner stating

that the property will be taken possession of on 17.04.2021. The

petitioners submit that the property to be taken possession of is

an agricultural land and he may be given a breathing time to

approach the DRT challenging Ext.P2.

3. Heard the learned counsel for the petitioners and the

counsel for the respondent.

In the facts and circumstances of the case, Ext.P2 is

stayed for a period of two weeks, so as to enable the petitioner

to approach the Debt Recovery Tribunal challenging the steps WP(C).No.10000 OF 2021(Y)

taken under the SARFESI Act and the Tribunal shall consider the

matter on its merits.

This writ petition is disposed with the above direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SMA WP(C).No.10000 OF 2021(Y)

APPENDIX

PETITIONER'S/S EXHIBITS :-

EXHIBIT P1           TRUE COPY OF THE LAWYER NOTICE ISSUED ON
                     BEHALF   OF    THE   RESPONDENT TO   THE

PETITIONERS DATED 30/10/2020.

EXHIBIT P2 TRUE COPY OF NOTICE ISSUED BY THE ADVOCATE COMMISSIONER IN CMP NO.1703 OF 2020 FILED BY THE RESPONDENT BEFORE THE CJM COURT, THALASSERY DATED 08/04/2021.

RESPONDENT(S) EXHIBITS :-    NIL




                                            //TRUE COPY//



                                            PA TO JUDGE