C.P.V.Abdul Gafoor vs Authorised Officer
2022 Latest Caselaw 6395 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
     FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                         WP(C) NO. 10005 OF 2022
PETITIONER:

             C.P.V.ABDUL GAFOOR
             AGED 54 YEARS
             S/O HASSAN KOYA, CHITHRAYIL, FEROKE (PO)
             KOZHIKODE DISTRICT
             BY ADVS.
             P.V.ANOOP
             M.P.PRIYESHKUMAR
             PHIJO PRADEESH PHILIP
             K.V.SREERAJ


RESPONDENTS:

     1       AUTHORISED OFFICER
             CALICUT CO-OPERATIVE URBAN BANK LIMITED NO 1538,
             KALLAI ROAD, KOZHIKODE DISTRICT, PIN-673 508

     2       BRANCH MANAGER,
             CALICUT CO-OPERATIVE URBAN BANK LIMITED NO 1538,
             BEYPORE BRANCH, KOZHIKODE DISTRICT, PIN-673 015.

             BY ADV MANJU M(SC)


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.06.2022,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No.10005 of 2022
                                     2


                              JUDGMENT

Petitioner has approached this Court challenging proceedings

initiated under the Securitisation and Reconstruction of Financial Assets

and Enforcement of Security Interest Act (hereinafter referred to as the

Securitisation Act) for recovery of the amounts due upon loan availed by

the petitioner.

2. During the course of hearing, petitioner has confined the relief to

an opportunity for repaying the outstanding amount.

3. It was submitted on behalf of the respondent bank that the

outstanding amount after taking into consideration the amount paid

under the interim order of this Court is Rs.19082/-. The learned counsel

for the petitioner undertakes that the petitioner will pay the overdue

amount on or before 10.07.2022.

4. I have heard the learned counsel for the petitioner as well as the

learned Standing Counsel for the respondents.

5. Having regard to the circumstances of the case and the situation

now prevailing, apart from the submissions made as recorded above, I am

of the view that the petitioner can be granted an opportunity to repay the

outstanding amount.

6. Accordingly, there will be a direction to the respondent bank to WP(C) No.10005 of 2022

accept repayment of the amount of Rs.19082/- along with bank charges

from the petitioner, if it is made on or before 10.07.2022.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE

spk WP(C) No.10005 of 2022

APPENDIX OF WP(C) 10005/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BANK STATEMENT OF THE BANK ACCOUNT IN THE NAME OF THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE 1ST RESPONDENT DATED 17.3.2022

RESPONDENT'S/S EXHIBITS : NIL