Anil Kumar vs The Authorized Officer
2021 Latest Caselaw 12056 Ker

               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.9987 OF 2021(W)


PETITIONER:

      1        ANIL KUMAR
               AGED 49 YEARS
               S/O. APPUKUTTAN NADAR, T/C 65/1350, LEELA BHAVAN,
               MANUVILA, VISWANATHAPURAM, PUNCHAKARI, THIRUVALLOM
               P.O., THIRUVANANTHAPURAM - 695027

               BY ADVS.
               SRI.R.SUNIL KUMAR
               SMT.A.SALINI LAL

RESPONDENTS:

      1        THE AUTHORIZED OFFICER, CANARA BANK, EDAGRAMOM
               BRANCH, KARUMOM P.O., THIRUVANANTHAPURAM - 695002

      2        MANAGER, CANARA BANK, EDAGRAMOM BRANCH, KARUMOM P.O.,
               THIRUVANANTHAPURAM - 695002

OTHER PRESENT:

               ADV. HARI NARAYAN

     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.9987 OF 2021(W)

                                  2




                           JUDGMENT

Dated this the 16th day of April 2021

The petitioner has availed a housing loan from the

Canara Bank, Edagramom Branch. Since, the

petitioner has made default in repayment of the loan

amount, the bank has initiated proceeding under

SARFAESI Act, 2002 and the Advocate Commissioner

issued Ext.P2, informing the petitioner that the

property will be taken possession on 21.04.2021.

Accordingly, the petitioner has approached this Court

challenging Ext.P2.

2. Heard the learned Counsel for the petitioner

and the learned Counsel for the respondent bank. The

learned Counsel for the bank submits that the overdue

amount as on today is Rs.4,36,648/- (Rupees Four lakh

thirty six thousand six hundred forty eight only).

3. There will be a direction to keep all further

proceedings pursuant to Ext.P2 in abeyance on WP(C).No.9987 OF 2021(W)

condition that the petitioner shall remit the overdue

amount in six equal monthly installments commencing

from May 2021.

4. In case the petitioner makes default in paying

the installments, the respondent will be free to proceed

against the petitioner pursuant to Ext.P2. The

petitioner shall also make payment to regularise the

loan amount.

The writ petition is disposed of as above.

Sd/-

MURALI PURUSHOTHAMAN

JUDGE SKP/16-4 WP(C).No.9987 OF 2021(W)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PASSBOOK OF THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 11/2/2021 ISSUED BY THE ADVOCATE COMMISSIONER IN MC 779/2020.

RESPONDENTS EXHIBITS:NIL

TRUE COPY P.A. TO JUDGE