Simi vs The Kerala State Co-Operative ...
2022 Latest Caselaw 12388 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE GOPINATH P.
         FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                             WP(C) NO. 42590 OF 2022
PETITIONERS:

     1        SIMI
              AGED 42 YEARS, D/O. RADHAKRISHNAN,
              KALLUNGAL HOUSE,
              VELLANGALLUR BLOCK JUNCTION, IRINJALAKUDA,
              TRICHUR DISTRICT, KERALA, PIN - 680 662.
     2        ISMAIL,
              AGED 45 YEARS, S/O. IBRAHIM
              KALLUNGAL HOUSE,
              VELLANGALLUR BLOCK JUNCTION, IRINJALAKUDA
              TRICHUR DISTRICT, KERALA.
     3        RADHAKRISHNAN C. K.
              AGED 80 YEARS, S/O. KUNJANDY
              CHEMPANEZHATH HOUSE, LOKAMALESHWARAM,
              KODUNGALLOOR P.O,
              TRICHUR DISTRICT, KERALA, PIN - 680 664.
              BY ADVS.
              A.S.DILEEP
              P.BINOD
              K.Y.SUDHEENDRAN
              SUSEELA DILEEP
              SUDEEP ARAVIND PANICKER

RESPONDENT:

     1        THE KERALA STATE CO-OPERATIVE BANK LTD.,
              KODUNGALLOOR BRANCH, EAST NADA, KODUNGALLOOR
              THRISSUR, KERALA, PIN - 680 664
              REPRESENTED BY ITS AUTHORISED OFFICER, PIN - 680664
              BY ADV P.C.SASIDHARAN

     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.42590 of 2022
                                2




                         JUDGMENT

Dated this the 23rd day of December, 2022

The petitioners have approached this Court being

aggrieved by the fact that steps are being taken to

take physical possession of the secured asset without

even giving to the petitioners a breathing time to

challenge the proceedings before the Debts Recovery

Tribunal under Section 17 of the SARFAESI Act, 2002.

It is submitted that the Advocate Commissioner

appointed by the Chief Judicial Magistrate Court,

Thrissur is proposing to take physical possession of

the secured asset tomorrow (24.12.2022). It is

submitted that the 3rd petitioner is an 80 year old

man and taking of physical possession of the secured

asset would cause great prejudice to him. The learned

counsel prays that the proceedings may be suspended

for two weeks to enable the petitioners to avail the

remedy before the Tribunal.

WPC No.42590 of 2022

2. Learned counsel appearing for the respondent

bank has no objection to such a relief being granted.

Accordingly, the writ petition will stand disposed

of directing that steps for taking of physical

possession of the secured asset shall stand deferred

till 15.01.2023 to enable the petitioners to approach

the Tribunal by filing Securitisation Application

challenging the proceedings initiated by the

respondent bank. I make it clear that I have not

expressed any opinion on the merits of the matter. It

will be open for the Tribunal to decide the matter in

accordance with law.

Sd/-

GOPINATH P.

JUDGE SKP/23-12 WPC No.42590 of 2022

APPENDIX OF WP(C) 42590/2022

PETITIONERS' EXHIBITS:

EXHIBITP1 TRUE COPY OF THE CERTIFICATE DATED 25/06/2021 ISSUED BY THE ELITE MISSION HOSPITAL REGARDING THE 3RD PETITIONER'S MEDICAL CONDITION EXHIBITP2 TRUE COPY OF THE NOTICE DATED 09/12/2022 ISSUED BY ONE ADV. ALISHA ANTONY RESPONDENT'S EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE