Joby Thomas vs Authorised Officer
2021 Latest Caselaw 23349 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
  THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                       WP(C) NO. 17490 OF 2021
PETITIONERS:

    1     JOBY THOMAS
          AGED 50 YEARS
          S/O. THOMAS, KIZHAKKAYIL HOUSE, MUNDANKAL P.O.,
          KOTTAYAM DIST-686 574
    2     LINCY JOBY
          W/O. JOBY THOMAS, KIZHAKKAYIL HOUSE, MUNDANKAL P.O.,
          KOTTAYAM DIST-686 574
          BY ADV JOSEPH T.JOHN


RESPONDENT:

          AUTHORISED OFFICER
          PALA URBAN CO-OPERATIVE BANK LTD NO.1850, HEAD OFFICE
          PALA
          BY ADV P.C.HARIDAS


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17490 OF 2021
                                  2

               BECHU KURIAN THOMAS, J
              ............................................
            W.P.(C) NO.17490 OF 2021
            ...........................................
     Dated this the 25th day of November, 2021


                          JUDGMENT

Petitioners had availed a loan from the respondent,

which fell in arrears. Proceedings for enforcement of the

security interest were initiated. When the petitioners

were served with notice for dispossession, they rushed to

this Court through this writ petition.

2. On 31/08/2021, this Court directed deposit of

Rs.1,00,000/- within 30 days and granted a stay against

dispossession. Since the condition was not complied with

one more extension was granted till 23/10/2021.

3. The learned counsel for the petitioner points out

that though the amount as directed by this Court on

7/10/2021 has been paid, the same was done belatedly

and the total overdue amount is only Rs.6,55,824/-. The

learned counsel for the respondent on the other hand WP(C) NO. 17490 OF 2021

submitted that, in the meantime,due to the delay in

repayment, the Bank took possession of the property.

4. Petitioner pleads for restoration of possession

and submitted that they are willing to deposit further

amounts in a time bound manner. The respondent

insisted that restoration can be effected only if

substantial amounts are paid by the petitioners.

5. Having regard to the aforesaid submissions,

there will be a direction to the respondent to return

possession of the property to the petitioner on condition

that he pays a further amount of Rs.2,00,000/- (Rupees

Two lakhs only) on or before 20/12/2021. On the day on

which the said amount is paid, by the petitioner, the

respondent shall give back possession of the property to

the petitioners. The petitioners are also directed to pay

the balance outstanding amount in 3 monthly

instalments apart from the above Rs.2,00,000/- directed

to be paid. In the event of default of any one WP(C) NO. 17490 OF 2021

instalment, the respondent bank shall be entitled to

proceed in accordance with law.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE

AJM WP(C) NO. 17490 OF 2021

APPENDIX OF WP(C) 17490/2021

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE STATEMENT OF ACCOUNT ISSUED FROM THE RESPONDENT BANK FROM 23.03.2016 TO 19.08.2021.

Exhibit P2 TRUE COPY OF THE LICENCE WITH REGARD TO THE CATERING SERVICE DATED 18.08.2021.

Exhibit P2A TRUE TRANSLATION OF EXT.P2.

Exhibit P3 TRUE COPY OF THE LICENSE ISSUED FROM FOOD SAFETY AUTHORITY OF INDIA IN FAVOUR OF THE 2ND PETITIONER DATED 29.09.2018.

Exhibit P4 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER ONE HARIKRISHNAN S DATED 13.08.2021.

Exhibit P4A TRUE TRANSLATION OF EXHIBIT P4.

Exhibit P5 TRUE COPY OF THE RECEIPTS DATED 30/9/2021.

Exhibit P5(a) TRUE COPY OF THE RECEIPTS DATED 1/10/2021.

Exhibit P5(b) TRUE COPY OF THE RECEIPTS DATED 11/11/2021.

RESPONDENT'S    EXHIBITS : NIL

AJM                 //TRUE COPY//              PA TO JUDGE