Sheeba vs The Kerala State Co-Operative ...
2022 Latest Caselaw 12547 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. 42446 OF 2022
PETITIONERS:

    1     SHEEBA
          AGED 52 YEARS, WIFE OF RADHAKRISHNAN,
          THERAMBIL HOUSE, KARAMUKKU VILLAGE,
          KARAMUKKU DESOM, NEAR PHC, KANDASSANKADAVU P.O.,
          TRICHUR DISTRICT, KERALA, PIN - 680 613.

    2     RADHAKRISHNAN,
          AGED 63 YEARS, SON OF RAMAN
          THERAMBIL HOUSE, KARAMUKKU VILLAGE,
          KARAMUKKU DESOM, NEAR PHC, KANDASSANKADAVU P.O.,
          TRICHUR DISTRICT, KERALA, PIN - 680 613.

    3     ROHIT
          AGED 29 YEARS, SON OF RADHAKRISHNAN,
          THERAMBIL HOUSE, KARAMUKKU VILLAGE,
          KARAMUKKU DESOM, NEAR PHC, KANDASSANKADAVU P.O,
          TRICHUR DISTRICT, KERALA, PIN - 680 613.

          BY ADVS.
                    A.S.DILEEP
                    P.BINOD
                    K.Y.SUDHEENDRAN
                    SUSEELA DILEEP
                    SUDEEP ARAVIND PANICKER



RESPONDENTS:

          THE KERALA STATE CO-OPERATIVE BANK LTD.
          SAHAKARANA SHATHABDHI MANDIRAM,
          TUDA ROAD, KOVILAKATHUMPADAM,
          THIRUVAMBADY P.O., THRISSUR, KERALA, PIN - 680 022.
          REPRESENTED BY ITS AUTHORISED OFFICER.

          BY ADV P.C.SASIDHARAN, SC, SCOLE-KERALA




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.42446/2022                     2



                           JUDGMENT

Petitioners have filed this writ petition seeking a limited relief.

He prays that he may be given a breathing time to approach the

Tribunal after obtaining certified copies of the documents filed by the

Bank before the Chief Judicial Magistrate Court, Thrissur, in

proceedings under Section 14 of the Securitisation and

Reconstruction of Financial Assets and Enforcement of Security

Interest Act (SARFAESI Act).

2. The learned counsel appearing for the respondent Bank

has no objection in such a direction is being issued.

3. Having heard the learned counsel for the petitioners and

the learned counsel appearing for the respondent Bank, this writ

petition will stand disposed of directing that steps for taking physical

possession of the secured asset shall stand adjourned till 16-01-2023,

to enable the petitioners to approach the Tribunal by filing a

Securitisation Application under Section 17 of the SARFAESI Act. I

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

the matter and it will be open to the Tribunal to decide the matter in

accordance with law.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF WP(C) 42446/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE DATED 12/12/2022 ISSUED BY ONE ADV. NIRMAL MATHEW

Exhibit.P2 TRUE COPY OF THE APPLICATION DATED 19/12/2022 FOR OBTAINING CERTIFIED COPIES OF THE PETITION FILED UNDER SECTION 14 AND THE DOCUMENTS PRODUCED IN SUPPORT THEREOF