Sunil V.K vs The Payyanur Co-Operative Town ...
2021 Latest Caselaw 5437 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

     MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                       WP(C).No.3806 OF 2021(A)


PETITIONER:

               SUNIL V.K.
               S/O. PANOTH KELU, VATTAYAN KIZHAKE VEETTIL,
               KANKOL P. O., PAYYANUR, KANNUR DISTRICT.

               BY ADVS.
               SRI.P.SAMSUDIN
               SRI.M.ANUROOP

RESPONDENTS:

      1        THE PAYYANUR CO-OPERATIVE TOWN BANK LTD.,
               REPRESENTED BY ITS SECRETARY, PAYYANNUR,
               PAYYANUR P.O. - 670 307, KANNUR DISTRICT.

      2        THE AUTHORISED RECOVERY OFFICER,
               THE PAYYANUR CO-OPERATIVE TOWN BANK LTD.,
               PAYYANUR P. O. - 670 307, KANNUR DISTRICT.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.3806/2021              2


                           JUDGMENT

Dated this the 15th day of February 2021

Heard learned counsel for the petitioner. He argued that the

petitioner is challenging the notice at Ext.P1 issued under

Section 13(2) of the SARFAESI Act. It is argued that the

petitioner has availed a loan of Rs.15 lakhs from the respondent-

Bank and repayments of that loan are defaulted due to financial

constraints caused by nationwide lockdown on account of Covid-19

pandemic.

I have considered the submissions so advanced. In the light

of the judgment of the Hon'ble Apex Court in the matter of

Authorized Officer, State Bank of Travancore and another

vs. Mathew K.C reported in 2018(1) KLT 784, this writ petition,

as framed and filed, is not maintainable. The same is accordingly

dismissed with liberty to the petitioner to approach appropriate

authority under law.

Sd/-

A.M.BADAR

JUDGE

smp

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 25.11.2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER (ALONG WITH ENGLISH TRANSLATION).

RESPONDENTS' EXHIBITS: NIL.

True Copy

P.S to Judge

smp