Shoukkathali vs Federal Bank Limited
2022 Latest Caselaw 3819 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                        WP(C) NO. 11763 OF 2022
PETITIONER/S:

          SHOUKKATHALI,AGED 54 YEARS
          S/O.ABDUL KHADER, CHULLIKKATTU HOUSE
          PINARMUNDA, PERINGOLA P.O., ERNAKULAM DISTRICT - 683
          565.
          BY ADV PAUL K.VARGHESE


RESPONDENT/S:

    1     FEDERAL BANK LIMITED
          INFOPARK BRANCH, KAKKANADU, ERNAKULAM DISTRICT - 682
          030 REPRESENTED BY ITS MANAGER.
    2     THE ASSISTANT VICE PRESIDENT
          (AUTHORIZED OFFICER UNDER SARFAESI ACT), FEDERAL BANK
          LTD., INFOPARK LTD., KAKKANADU, ERNAKULAM DISTRICT -
          682 030.

          SRI.SUNIL SHANKER,SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.11763 of 2022                     2




                      BECHU KURIAN THOMAS, J.
                ========================
                      W.P.(C) No.11763 of 2022
                ------------------------------------------------
                           Dated this the 5th day of April, 2022

                                     JUDGMENT

Petitioner challenges Ext.P2 possession notice dated

24.2.2022.

According to the learned Counsel for the respondents,

total outstanding due from the petitioner is Rs.4,90,00,000/-.

Though the petitioner is willing to clear the liability in

instalments, considering the circumstances raised in this

case, I am of the view that the remedy of the petitioner is to

move the Debts Recovery Tribunal. Accordingly, reserving

the liberty of the petitioner to move the Debts Recovery

Tribunal, in accordance with law, this writ petition is disposed

of.

The periods spent by the petitioner in pursuing this writ

petition from 01.04.2022 till the date of the judgment shall

stand excluded.

Sd/-

BECHU KURIAN THOMAS JUDGE jm/

APPENDIX OF WP(C) 11763/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT BANK SHOWING THE RATE OF INTEREST DATES 21/1/2022.

Exhibit P2 A TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE RESPONDENT BANK TO THE PETITIONER DATED 24/2/2022.

Exhibit P3 A TRUE COPY OF3+ THE LETTER GIVEN BY THE PETITIONER BEFORE THE CHAIRMAN AND MANAGING DIRECTOR OF KERALA STATE ELECTRICITY BOARD DATED 25/3/2022.

Exhibit P4 A TRUE COPY OF THE DISCHARGE SUMMERY ISSUED BY SAMARITAL HOSPITAL, PAZHANAGANAD TO THE PETITIONER DATED 31/3/2021.

Exhibit P5 A TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY DR.NSB RAJU HOSPITAL, THRIPUNITHURA TO THE PETITIONER DATED 3/3/3022.