Mohammed Thasreef vs Authorised Officer, Canara Bank
2022 Latest Caselaw 6168 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                        WP(C) NO. 17529 OF 2022
PETITIONER:

          MOHAMMED THASREEF
          AGED 45 YEARS, S/O.NOORUDDIN,
          KMC 4, 407, BAITHUL FATHIMA, UMA NURSING HOME ROAD,
          KARANADAKKAD, KASARAGOD DISTRICT, KERALA-671 121


          BY ADV LIZA P.CHERIAN



RESPONDENT:

          AUTHORISED OFFICER, CANARA BANK
          KMC 8/74-A10, UPPER GROUND FLOOR,
          CTM TOWER, VIDYA NAGAR, KASARGODE-671123


OTHER PRESENT:

          SRI. LEO GEORGE (SC)




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.17529 of 2022                2



                           JUDGMENT

This Writ Petition has been filed by the petitioner seeking the

following reliefs.

2. The petitioner faces proceedings under the provisions of

the Securitisation and Reconstruction of Financial Assets and

Enforcement of Securities Interest Act, 2002 (also known as

SARFAESI Act) for recovery of amounts due under loans taken from

the respondent bank. The petitioner had earlier approached this

Court through W.P.(C)No.6748/2021, challenging the demand

notice and the possession notice issued in respect of the property

mortgaged with the respondent bank. It is submitted that the said

Writ Petition is pending and no orders have been passed thereon.

It is also submitted that challenging the proceedings, a

Securitisation appeal has also been filed before the Debt Recovery

Tribunal and the same is also pending.

3. The learned counsel for the petitioner states that the

sale of the property is scheduled on 27-06-2022 and prays that

there may be a direction to consider Ext.P2 proposal for settlement

of liabilities with the Bank. The learned counsel also states that to

prove the bonafides of the petitioner, the petitioner is willing to

deposit a sum of Rs.5,25,000/-(Rupees Five Lakhs Twenty Five

Thousand Only).

4. Having regard to the facts and circumstances of the case

and taking into account the aforesaid submissions of the learned

counsel for the petitioner and the learned counsel appearing for the

respondent Bank, this Writ Petition will stand disposed of directing

the competent authority of the respondent Bank to consider Ext.P2

representation. This shall be on condition that the petitioner pays,

towards his liability a sum of Rs.5,25,000/- on or before 27-06-2022.

Needless to say the sale proposal on 27-06-2022 will stand

adjourned till a decision is taken on Ext.P2. If the sale proposed on

27-06-2022 is to be adjourned, the petitioner shall bear the cost of

fresh advertisement or any other steps that may be required to be

taken by the Bank for adjournment of sale.

Therefore this Writ Petition will stand disposed of with the

above direction.

Sd/-

GOPINATH P.

JUDGE

ats

APPENDIX OF WP(C) 17529/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SALE NOTICE DATED 12/05/2022

EXHIBIT P2 TRUE COPY OF THE OTS PROPOSAL ISSUED BY THE PETITIONER