Rajan M.A vs South Indian Bank
2022 Latest Caselaw 11813 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
 WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
                      WP(C) NO. 41585 OF 2022
PETITIONER:

          RAJAN M.A
          AGED 61 YEARS
          S/O M.L ANTHAPPAN, MAPRANAM HOUSE, KURIACHIRA
          NEHRU NAGAR, THRISSUR, PIN - 680006

          BY ADVS.
          K.I.SAGEER
          MUHAMMED YASIL



RESPONDENT:

          SOUTH INDIAN BANK
          REPRESENTED BY ITS AUTHORISED OFFICER
          REGIONAL OFFICE, SIB HOUSE, T.B ROAD, MISSION QUARTERS
          THRISSUR, PIN - 680001

          BY ADV SUNIL SHANKER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.41585/2022                     -2-

                                  JUDGMENT

Petitioner faces proceedings under the provisions of the Securitisation and

Reconstruction of Financial Assets and Enforcement of Security Interest Act

(hereinafter referred to as the SARFAESI Act) to take physical possession of the

secured asset through an Advocate Commissioner appointed by the Chief Judicial

Magistrate Court, Thrissur issued Ext.P9 notice dated 14-12-2022 is issued

proposing to take physical possession within a period of 10 days. The petitioner

thereupon filed Ext.P10 application for certified copy of the documents filed by the

bank before the Chief Judicial Magistrate Court. This application is seen filed on 17-

10-2022.

2. The learned counsel for he petitioner states that the petitioner wants to

to approach the Debts Recovery Tribunal and he has not been able to do so as he

has not obtained the certified copy of the documents so far. He states that the

proceedings for taking physical possession of the secured asset may be deferred for

some time to enable him to obtain the certified copies and approach the Tribunal.

3. The learned counsel for the respondent bank (with reference to order

dated 30-09-2022 in W.P (C) No.30596/2021 as well the judgment dated 19-10-

2022 in the same case) submits that the petitioner is only trying to protract the

proceedings and has no intention to clear the liability.

4. The learned counsel for the petitioner submits that the petitioner has

remitted an amount of Rs.35,00,000/- towards the loan liability on 06-10-2022

and reference is made in this regard as Ext.P7.

5. Having heard the learned counsel for the petitioner and the learned

counsel for the respondent Bank and having regard to the fact that the petitioner

has remitted a sum of Rs.35,00,000/- on 06-10-2022, this writ petition will stand

disposed of directing that taking of physical possession of the secured asset shall

stand deferred till 05-01-2023 to enable the petitioner to move the Tribunal for

reliefs.

I make it clear that I have not expressed any opinion on the merits of the

matter, it is open to the Tribunal to decide the matter in accordance with law.

Sd/-

GOPINATH P.

JUDGE AMG

APPENDIX OF WP(C) 41585/2022

PETITIONER EXHIBITS

Exhibit-P1 A TRUE COPY OF THE REPRESENTATION DATED 11.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT

Exhibit-P2 TRUE COPY OF THE REPRESENTATION DATED 19.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT

Exhibit-P3 A TRUE COPY OF THE REPRESENTATION DATED 31.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT

Exhibit-P4 A TRUE COPY OF THE REPRESENTATION DATED 17.02.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT

Exhibit-P5 A TRUE COPY OF THE NOTICE REF. NO.

TCR/RO/REC/BAL/80/2021-22 DATED 08.07.2021 ISSUED BY THE RESPONDENT

Exhibit-P6 A TRUE COPY OF THE ORDER DATED 30.09.2022 IN WRIT PETITION (CIVIL) NO.30596/2021 OF THIS HON'BLE COURT

Exhibit-P7 A TRUE COPY OF THE RECEIPT DATED 06.10.2022

Exhibit-P8 A TRUE COPY OF THE JUDGMENT DATED 19.10.2022 WRIT PETITION (CIVIL) NO.30596/2021 OF THIS HON'BLE COURT

Exhibit-P9 A TRUE COPY OF THE NOTICE DATED 14.12.2022 ISSUED BY THE ADVOCATE COMMISSIONER

Exhibit-P10 A TRUE COPY OF THE COPY APPLICATION SUBMITTED IN CRL.M.C NO. 582/2022 OF THE CHIEF JUDICIAL MAGISTRATE COURT-THRISSUR