Mable vs The Joint Registrar Of ...
2021 Latest Caselaw 6616 Ker

WP(C).No.4753 OF 2021(T)                 1


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

  WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942

                           WP(C).No.4753 OF 2021(T)


PETITIONER:

               MABLE,
               AGED 54 YEARS
               W/O.XAVIER, MENAMPALLIL PADINJATTATHIL,
               SHAKTHIKULANGARA P.O.,
               KOLLAM DISTRICT PIN 691 581

               BY ADVS.
               SRI.R.SURAJ KUMAR
               SRI.SUNIL J.CHAKKALACKAL
               SMT.N.G.SINDHU
               SMT.ANJANA R.S.

RESPONDENTS:

       1       THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
               (GENERAL)
               CIVIL STATION, KOLLAM, PIN 691 001.

       2       THE AUTHORISED OFFICER
               THE KOLLAM CO-OPERATIVE URBAN BANK LTD NO.960,
               KOLLAM, PIN 691 001.


                R1 BY SMT. POOJA SURENDRAN - GP
                R2 BY SMT. RENU D.P -SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4753 OF 2021(T)               2




                                 JUDGMENT

Dated this the 24th day of February 2021

Heard all the learned counsel appearing for the parties.

2. The learned counsel for the petitioner submits that on

an earlier occasion the petitioner challenged the action taken by

the secured creditor under the SARFAESI Act came to be filed

but it was later on withdrawn in view of the judgment of the

Hon'ble Apex Court in the matter of Authorised Officer, State

Bank of Travancore and another v. Mathew K.C [(2018)3

SCC 85](DB). He further argues that now the petitioner wants

to clear the entire balance amount of loan and other charges due

and payable to the 2nd respondent in seven instalments.

3. The learned Standing Counsel for the 2nd respondent

submits that the entire amount due and payable towards the

financial assistance taken by the petitioner should be cleared by

depositing 1/3rd amount by the end of March, 2021 and the

balance amount in 4-5 instalments.

4. I have considered the submissions so advanced and

also perused the materials placed before me. The 2 nd respondent

is willing to accept entire amount due and payable by the

petitioner towards the financial assistance taken by the

petitioner in instalments. Hence, the writ petition is disposed

of with the following directions:

i) The petitioner to clear 1/3 rd amount due and payable towards the loan taken from the 2 nd respondent along with other charges by the end of March, 2021.

ii) The petitioner shall pay the balance amount shown payable in the loan account with other charges in seven equated successive monthly instalments commencing from 15.4.2021 along with the entire whatever dues.

iii) If the petitioner complies with the directions, then the respondents shall not continue with the coercive action initiated against the petitioner under the SARFAESI Act.

iv) A single default in compliance with these directions shall entitle the 2 nd respondent to continue with the action under the SARFAESI Act, which is already initiated against the petitioner.

v) The petitioner shall not entitle for any extension of time for compliance of the directions given in this judgment Sd/-

                                                    A.M.BADAR
     ab                                                JUDGE





                                   APPENDIX
     PETITIONER'S/S EXHIBITS:

     EXHIBIT P1              TRUE COPY OF THE NOTICE DATED 5.7.2017.

     EXHIBIT P2              TRUE COPY OF THE APPLICATION

I.A.NO.1/2021 IN W.P.(C) NO.21704/2017 ON THE FILE OF THIS HON'BLE COURT.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION WHICH CONTAINS THE SAID ENDORSEMENT OF THE 1ST RESPONDENT DATED 1.12.2021.

EXHIBIT P3 (A) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P3.

RESPONDENTS EXHIBITS: NIL