Kerala High Court
M/S. Lamiya Silks (Triprayar) vs The Union Bank Of India, Thrissur ... on 10 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
WP(C) NO. 23103 OF 2022
PETITIONERS:
1 M/S. LAMIYA SILKS (TRIPRAYAR)
NEAR PRIVATE BUS STAND, TRIPRAYAR, ,NATTIKA P.O.,
THRISSUR DISTRICT, KERALA STATE
(A PARTNERSHIP FIRM REPRESENTED BY ITS MANAGING PARTNER,
MOHAMMED ASHIK), PIN - 680566
2 M/S.LAMIYA SILKS (MANJERI)
PANDIKKAD ROAD, MANJERI, MALAPPURAM,
MALAPPURAM DISTRICT, KERALA STATE
(A PARTNERSHIP FIRM REPRESENTED BY ITS MANAGING PARTNER,
P.M.ABDUL JABBAR), PIN - 676121
3 P.M.ABDUL JABBAR, PROPRIETOR, LAMIYA SILKS (THRISSUR)
ARAFA COMPLEX, PERINJANAM P.O., MOONNUPEEDIKA,
THRISSUR DISTRICT, KERALA STATE
RESIDING AT PUZHANGARAILLATH HOUSE,
CHALINGAD P.O., KAIPAMANGALAM, THRISSUR DISTRICT,
KERALA STATE, PIN - 680686
4 M/S.SECRET CREATIONS PRIVATE LIMITED
ARAFA COMPLEX, PERINJANAM P.O., MOONUPEDIKA, THRISSUR
DISTRICT, KERALA STATE (A COMPANY REGISTERED UNDER
THE COMPANIES ACT -REP. BY ITS MG. DIRECTOR, MOHAMMED ASHIK,
PIN - 680686
BY ADVS.
DINESH R.SHENOY
EBIN MATHEW
V.SUBHASH BHAT
P.ROHIT PREMANANDAN SHENOY
SILESH S. PRABHU
RESPONDENTS:
1 THE UNION BANK OF INDIA, THRISSUR MAIN BRANCH, THRISSUR,
INDIA, THRISSUR MAIN BRANCH, THRISSUR,
REP. BY ITS AUTHORISED OFFICER AND ASSISTANT GENERAL
MANAGER, PIN - 680001
2 UNION BANK OF INDIA, THRISSUR BRANCH
SAKTHAN ARCADE, 1ST FLOOR,
TUDA BUILDINGS, NEAR SAKTHAN THAMPURAN BUS STAND , THRISSUR,
REP. BY SENIOR MANAGER, PIN - 680001
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.23103/2022 -2-
JUDGMENT
The petitioners have approached this Court being aggrieved by the proceedings
initiated under the provisions of the Securitisation and Reconstruction of Financial Assets
and Enforcement of Security Interest Act (SARFAESI Act). It was the case of the
petitioners that if the petitioners are permitted to sell some of the properties which are
mortgaged with the bank, the entire liability can be settled.
2. After hearing the matter for some time it was directed that the petitioners
shall file an affidavit containing the proposal for settlement of liabilities by selling certain
items of properties which are now mortgaged with the respondent bank. Accordingly an
affidavit dated 28-07-2022 has been filed where the modalities for settlement of liabilities
through private sale of the mortgaged properties has been set out by the petitioners.
3. The learned counsel for the respondent bank states that since a decision has
to be taken on the proposal as contained in the affidavit dated 28-07-2022, the petitioners
may be directed to approach the respondents. It is submitted that a suitable decision will
be taken in the matter after hearing a representative of the petitioners.
4. Having regard to the aforesaid facts and circumstances, this writ petition is
disposed of directing the competent authority of the respondent bank to consider the
proposal as contained in the affidavit dated 28-07-2022 filed before this court after
affording an opportunity of hearing a representative of the petitioners. It is further
directed that till such time as a decision is taken on the proposal submitted, further
coercive steps shall be kept in abeyance. The petitioners shall appear before the 1 st
respondent at 11 a.m on 19-08-2022 to enable the consideration of the proposal submitted
by the petitioners in the manner indicated above.
The writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
AMG
APPENDIX OF WP(C) 23103/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF REQUEST LETTERS DATED 8/2/2022
ISSUED BY PETITIONERS TO RESPONDENT
Exhibit P1 (a) TRUE PHOTOCOPY OF REQUEST LETTERS DATED 8/2/2022
ISSUED BY PETITIONERS TO RESPONDENT
Exhibit P1 (b) TRUE PHOTOCOPY OF REQUEST LETTERS DATED 8/2/2022
ISSUED BY PETITIONERS TO RESPONDENT
Exhibit P1 (c) TRUE PHOTOCOPY OF REQUEST LETTERS DATED 8/2/2022
ISSUED BY PETITIONERS TO RESPONDENT
Exhibit P1 (d) TRUE PHOTOCOPY OF TABULATED STATEMENT OF THE BANK'S
VALUATION OF THE 13 SECURITY PROPERTIES OF THE
PETITIONER
Exhibit P2 TRUE PHOTOCOPY OF LETTER DATED 14/2/20.22 ISSUED BY
THE RESPONDENTS TO THE 3RD PETITIONER'S WIFE
ExhibitP3 TRUE PHOTOCOPY OF DETERMINATION ORDER NO.2/2021-
C3 /KPM/008936/2021 DATED 26/3/2022
Exhibit P4 TRUE PHOTOCOPY OF NOTICE ISSUED BY THE SPECIAL
DY.COLLECTOR LA(NH) 17 DATED 26/3/2022 IN RESPECT
OF THE SAID ACQUISITION
Exhibit P5 TRUE PHOTOCOPY OF DETERMINATION ORDER NO.1/2021-
C3/KPM/008942/2021 DATED 26/3/2022
Exhibit P6 TRUE PHOTOCOPY OF NOTICE ISSUED BY THE SPECIAL
DY.COLLECTOR LA(NH) 17 DATED 26/3/2022 IN RESPECT
OF THE SAID ACQUISITION
Exhibit P7 TRUE PHOTOCOPY OF DETERMINATION ORDER NO.2/2021-
C3/KPM/008943/2021 DATED 26/3/2022
Exhibit P8 TRUE PHOTOCOPY OF NOTICE ISSUED BY THE SPECIAL
DY.COLLECTOR LA(NH) 17 DATED 26/3/2022 IN RESPECT
OF THE SAID ACQUISITION
Exhibit P9 TRUE PHOTOCOPY OF DETERMINATION ORDER NO.1/2021-
C3/KPM/008935/2021 DATED 26/3/2022
Exhibit P10 TRUE PHOTOCOPY OF NOT:ICE ISSUED BY THE SPECIAL
DY.COLLECTOR LA(NH) 17 DATED 26/3/2022 IN RESPECT
OF THE SAID ACQUISITION
Exhibit P11 TRUE PHOTOCOPY OF THE AGREEMENT FOR SALE DATED
30/5/2022 BETWEEN THE 3RD PETITIONER AND JASIM
MUHAMMED, S/O.K.MOHAMMED
Exhibit P12 TRUE PHOTOCOPY OF THE AGREEMENT DATED 14/6/2022
BETWEEN SHAHARBAN, THE WIFE OF THE 3RD PETITIONER
AND SRI LISHAD K.
Exhibit P13 TRUE PHOTOCOPY OF THE AGREEMENT DATED 20/6/2022
BETWEEN THE 3RD PETITIONER AND SRI JASIM MUHAMMED
Exhibit P 14 TRUE PHOTOCOPY OF E AUCTION SALE NOTICE DATED
15/6/2022 ISSUED BY THE LST RESPONDENT
