Vinodkumar K vs Bank Of India
2022 Latest Caselaw 12257 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
    THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                       WP(C) NO. 37438 OF 2022
PETITIONER:

          VINODKUMAR K.,
          AGED 50 YEARS
          S/O K. KRISHNANKUTTY, RESIDING AT PALLIPURATHUVEEDU, VP
          4/678, NEAR GOVT. AYURVEDA HOSPITAL, VELLLIYANOOR P.O.,
          VELLANAD, THIRUVANANTHAPURAM - 695543, PIN - 695543

          BY ADVS.
          GODWIN JOSEPH
          ARUN BABU B.



RESPONDENTS:

    1     BANK OF INDIA,
          HOUSE, BANDRA KURLA COMPLEX,
          BANDRA EAST, MUMBAI, PIN - 400051.

    2     BANK OF INDIA ,REPRESENTED BY ITS AUTHORISED OFFICER
          STAR HOUSE, BANDRA KURLA COMPLEX, BANDRA EAST, MUMBAI ,
          PIN - 400051

          BY ADV K.M.ANEESH




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.37438/2022                         -2-

                                      JUDGMENT

The petitioner has approached this court being aggrieved by the fact that

proceedings have been initiated against the petitioner 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 recover the amounts due upon a

housing loan availed by the petitioner from the respondent bank.

2. When this matter is taken up for consideration on 02-12-2022, this court

passed the following interim order;

"Post on 20.12.2022. Interim order will continue on condition that the petitioner remits an amount of Rs.1,00,000/- (Rupees One lakh only) towards the loan liability on or before 19.12.2022."

3. Today, when the matter is taken up for consideration, it is the submission of

the learned counsel appearing for the respondent bank states that the amount of

Rs.1,00,000/- has not been remitted by the petitioner. It is pointed out that the total

liability is approximately Rs.23,59,744/- and this court exercises very limited jurisdiction

in matters arising under the provisions of the SARFAESI Act. Since the petitioner has not

shown bonafies by depositing the amount directed to be paid by interim order dated 02-12-

2022, I am of the view that the petitioner is not entitled to any relief. However, if the

petitioner approaches the competent authority of the respondent bank at 11.00AM on

26.12.2022 and makes a request for repaying the liability in instalments, the same shall be

considered by the respondent bank. The petitioner shall submit a written representation

by 05.00PM today (22.12.2022) and the same shall be considered on 26.12.2022. Till a

decision is taken on the representation to be submitted by the petitioner, taking of physical

possession shall stand adjourned.

The writ petition will stand disposed of as above.

Sd/-

GOPINATH P.

JUDGE AMG

APPENDIX OF WP(C) 37438/2022

PETITIONER EXHIBITS

Exhibit1 A TRUE COPY OF THE DEMAND NOTICE DATED 09.04.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit2 A TRUE COPY OF THE SUMMONS DATED 21.12.2021 IN OA 352/2021 ISSUED FROM DRT-II, ERNAKULAM, TO THE PETITIONER.

Exhibit3 A TRUE COPY OF THE NOTICE DATED 04.12.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit4 A TRUE COPY OF THE LETTER DATED 01.02.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.