Resmi S vs Punjab National Bank Represented ...
2022 Latest Caselaw 772 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
                       WP(C) NO. 918 OF 2022
PETITIONER:

          RESMI S., AGED 35 YEARS
          W/O.PRASOON PRABHAKARAN,
          PARAPPURATH HOUSE, PARAKKULAM
          KADALASSERY, VALLACHIRA P.O.
          THRISSUR
          THRISSUR, PIN - 680562
          BY ADVS.
          ARUN KUMAR M.A
          T.B.PRASANNAN
          SANDRA SUNNY


RESPONDENTS:

    1     PUNJAB NATIONAL BANK,
          REPRESENTED BY ITS BRANCH MANAGER
          ERSTWHILE ORIENTAL BANK OF COMMERCE
          NARAYANA COMPLEX, VELIYANUR ROAD
          NEAR METROPOLITAN HOSPITAL, KOKKALA
          THRISSUR
          THRISSUR, PIN - 680021
    2     AUTHORIZED OFFICER,
          PUNJAB NATIONAL BANK
          PUNJAB NATIONAL BANK, SASTRA CENTRE
          BROADWAY NORTH END
          ERNAKULAM
          ERNAKULAM, PIN - 682031.
          ADV.SANTHEEP ANKARATH,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 918 OF 2022
                                                 2



                     BECHU KURIAN THOMAS, J
                   ..............................................
                       W.P.(C) No.918 of 2022
                      .....................................
               Dated this the 17 th day of January, 2022

                                           JUDGMENT

Petitioner had an overdraft facility with the

respondent-Bank and petitioner stood as a guarantor.

Since the account of petitioner's husband was

declared as NPA, property over which security

interest was created and belonging to the petitioner

was brought for sale as per Ext.P2.

2. The learned counsel for the respondent Sri.Sandeep

Ankarath submitted that the auction will not take

place as scheduled, due to absence of bidders.

Notwithstanding the above, petitioner agrees to pay

the entire outstanding liability within a period of 30

days from today.

3. In view of the aforesaid submission, all proceedings

for recovery of the outstanding amount by sale of WP(C) NO. 918 OF 2022

petitioner's property shall be deferred for a period of

30 days. If the petitioner fails to deposit the entire

outstanding liability due under the loan account of

her husband, Sri.Prasoon Prabhakarn, on or before

18.02.2022, respondent-Bank shall be free to proceed

in accordance with law.

The writ petition is disposed of with the above

observations.

Sd/-

BECHU KURIAN THOMAS, JUDGE AMV/17/01//2022 WP(C) NO. 918 OF 2022

APPENDIX OF WP(C) 918/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 15.12.2021

RESPONDENTS EXHIBITS NIL

TRUE COPY