Kerala High Court
Rejana Sasidharan vs South Indian Bank Ltd on 3 November, 2021
WP(C) No.24182/2021 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Wednesday, the 3rd day of November 2021 / 12th Karthika, 1943
WP(C) NO. 24182 OF 2021
PETITIONER:
REJANA SASIDHARAN, W/O.SASIDHARAN,
AGED 52 YEARS, KARTHIKA,
THATTATHUMALA P.O.THIRUVANANTHAPURAM-695 614.
RESPONDENTS:
1. SOUTH INDIAN BANK LTD., REPRESENTED BY THE REGIONAL MANAGER,
REGIONAL OFFICE, TC 31/151, YWCA BUILDING, 3RD FLOOR, M.G.ROAD,
STATUE JUNCTION, THIRUVANANTHAPURAM-695 001.
2. THE AUTHORIZED OFFICER UNDER THE SARFAESI ACT, SOUTH INDIA BANK
LTD., REGIONAL OFFICE, TC 31/151, YWCA BUILDING, 3RD FLOOR,
M.G.ROAD, STATUE JUNCTION, THIRUVANANTHAPURAM-695 001.
3. THE BRANCH MANAGER, SOUTH INDIAN BANK LTD., KILIMANOOR BRANCH,
KILIMANOOR, THIRUVANANTHAPURAM-695 614.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceeding in pursuance of Exhibit P1 and P2
notices, until this writ petition is finally disposed.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.AJAYA KUMAR. G & M.JAYAKRISHNAN, Advocates for the petitioner, the
court passed the following:
WP(C) No.24182/2021 2/3
BECHU KURIAN THOMAS, J
------------------------
WP(C) NO. 24182 of 2021
--------------------------
Dated this the 3rd day of November, 2021
ORDER
Petitioner is attempting to salvage her property which was kept
as a security interest for a loan taken by her husband, who was the
petitioner in W.P(C) No.12476 of 2019 before this Court. However,
petitioner's husband expired in the meantime and liability has fallen upon
the petitioner, both as a guarantor as well as a borrower.
2. Notwithstanding the judgment in W.P.(C) No.12476 of 2019,
the respondent bank is willing to show indulgence to the petitioner, having
regard to the peculiar circumstances of the case on condition that
petitioner deposits an amount of Rs.9,00,000/- (Rupees Nine lakhs only)
on or before 06.11.2021. If petitioner abides by the said condition, this
Court shall consider grant of any further instalments.
Needless to mention, if there is any failure on the part of the
petitioner to abide by the aforesaid condition, respondent bank shall be
free to act in accordance with law.
Post of 11.11.2021.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ/03.11.2021
03-11-2021 /True Copy/ Assistant Registrar
WP(C) No.24182/2021 3/3
APPENDIX OF WP(C) 24182/2021
Exhibit P1 A TRUE COPY OF THE POSSESSION NOTICE DATED 04.09.2019
ISSUED BY THE DEFENDANT.
Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE
COMMISSION DATED NIL RECEIVED BY THE APPLICANT ON
23.10.2021.
