Shajahan Kunjumarakkar vs South Indian Bank Ltd Represented ...
2022 Latest Caselaw 9889 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE GOPINATH P.
         WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                             WP(C) NO. 3242 OF 2022
PETITIONERS:

     1        SHAJAHAN KUNJUMARAKKAR
              AGED 56 YEARS
              AROLIPARAMBIL HOUSE, NEAR OLD BLOCK OFFICE, ERIYAD.P.O. ,
              THRISSUR DISTRICT, KERALA
              THRISSUR, PIN - 680666
     2        HAFSA SHAJAHAN
              AGED 51 YEARS
              AROLIPARAMBIL HOUSE, NEAR OLD BLOCK OFFICE, ERIYAD.P.O. ,
              THRISSUR
              THRISSUR, PIN - 680666
              BY ADVS.
              RAJESH KUMAR T.K
              T.N.BINDU(B-202)
              ASWIN K.R.(K/101/2021)
              MATHEWS BENNY(K/001194/2021)
              APARNA SOMARAJAN(K/781/2012)
              KEERTHANA.V(K/1968/2019)
              MANOJ V GEORGE(D/1527/2004)
              THUSHARA PAILY(K/001198/2000)

RESPONDENT:

     1        SOUTH INDIAN BANK LTD
              REPRESENTED BY AUTHORISED OFFICER OR CHIEF MANAGER
              IRINJALAKUDA P O
              THRISSUR, PIN - 680121
              BY ADV SUNIL SHANKER

     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC NO.3242 OF 2022
                                    2




                            JUDGMENT

Dated this the 31st day of August, 2022

The petitioners had approached this Court

challenging proceedings initiated by the respondent

bank under the provisions of the SARFAESI Act, 2002,

this Court had passed an interim order on 02.02.2022

staying further proceedings on condition that

petitioners deposit an amount of Rs.5,00,000/-. It is

reported that only an amount of Rs.2,50,000/- has

been deposited pursuant to the interim order.

2. When the matter is taken up for

consideration today, the learned counsel for the

petitioners states that the petitioner will be in a

position to clear the entire liability on or before

30.09.2022.

3. Having regard to the above submission and

taking into account the submission made by the

learned counsel for the respondent bank, it is directed

that all coercive steps against the petitioners shall be WPC NO.3242 OF 2022

suspended till 30.09.2022 to enable the petitioners to

settle the entire liability by that date. It is made clear

that if the petitioner does not settle the liability by

30.09.2022, it is open for the respondent bank to

proceed against the petitioners in accordance with

law.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE SKP/31-8 WPC NO.3242 OF 2022

APPENDIX OF WP(C) 3242/2022

PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE FRONT PAGE OF THE BANK PASSBOOK ISSUED TO THE PETITIONER AT THE TIME OF OPENING OF THE ACCOUNT EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE BANK PASSBOOK SHOWING THE LAST REMITTENCE OF THE PETITIONERS EXHIBIT P3 TRUE COPY OF NOTICE U/S.13(8) BY RESPONDENT NO.2 DATED 06/08/2021 EXHIBIT P4 TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED TO RESPONDENT BANK BY PETITIONERS EXHIBIT P5 TRUE COPY OF THE NOTICE FROM ADVOCATE COMMISSIONER DATED 21/01/2022 RESPONDENT'S EXHIBITS: NIL TRUE COPY

P.A.TO JUDGE