Mohammed Shameer vs The Urban Co-Op. Bank Ltd.1758
2022 Latest Caselaw 11449 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
  THURSDAY, THE 8TH DAY OF DECEMBER 2022 / 17TH AGRAHAYANA, 1944
                        WP(C) NO. 5827 OF 2022
PETITIONER:

          MOHAMMED SHAMEER,
          AGED 39 YEARS,
          S/O AYAMU, KUNNATH HOUSE, THIRURKAD P.O,
          MALAPPURAM-679 321.

          BY ADVS.
          C.RAJENDRAN
          B.K.GOPALAKRISHNAN



RESPONDENTS:

    1     THE URBAN CO-OPERATIVE BANK LTD.1758,
          PERINTHALMANNA BRANCH, P.B NO.10,
          HEAD OFFICE, PERINTHALMANNA, MALAPPURAM-679 322,
          REPRESENTED BY ITS SECRETARY.

    2     THE AUTHORIZED OFFICER,
          URBAN CO-OPERATIVE BANK LTD NO.1758,
          PERINTHALMANNA BRANCH, P B NO.10, HEAD OFFICE,
          PERINTHALMANNA, MALAPPURAM-679 322.

          BY ADV U.K.DEVIDAS




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5827 OF 2022

                                     2


                               JUDGMENT

The petitioner had approached this Court challenging the

proceedings initiated against the petitioner under the provisions

of the SARFAESI Act to recover amounts due from the petitioner.

2. When this matter came up for consideration on

07.11.2022, this Court had passed the following interim order:

"Further proceedings against the petitioner under

the provisions of the SARFAESI Act shall remain

suspended on the petitioner remitting an amount of

Rs.40,00,000/- (Rupees forty lakhs only) towards

the loan liability on or before 07.12.2022."

3. The amount of Rs.40,00,000/- has not been paid.

When this matter is taken up for consideration today, the

learned counsel appearing for the petitioner states that the

entire loan liability will be settled by 15.01.2023 and the

proceedings may be suspended till that date. The learned

counsel for the bank has no objection.

4. Having heard the learned counsel for the petitioner

and the learned counsel appearing for the respondents and WP(C) NO. 5827 OF 2022

having regard to the submission that the entire amount will be

paid by 15.01.2023, this writ petition will stand disposed of

directing that further proceedings against the petitioner shall be

kept in abeyance till 15.01.2023. If the petitioner does not clear

the entire liability on or before 15.01.2023, it will be open to the

respondent Bank to continue with the proceedings initiated

against the petitioner in accordance with law.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 5827 OF 2022

APPENDIX OF WP(C) 5827/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE PHOTOCOPY OF THE DEMAND NOTICE DATED 27.6.2019 ISSUED BY THE 2ND RESPONDENT

Exhibit P2 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE PAPER PUBLISHED OF SALE NOTICE IN MATHRUBHUMI DAILY DATED 15.01.2020