Kerala High Court
Ansar Kabeer vs The Authorised Officer/Manager on 28 June, 2022
WP(C) No.20398/2022 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
Tuesday, the 28th day of June 2022 / 7th Ashadha, 1944
WP(C) NO. 20398 OF 2022
PETITIONER:
ANSAR KABEER, AGED 45 YEARS, S/O KABEER, SABEENA MANZIL, MULLASERRI
MANGALAPURAM, TRIVANDRUM - 695317
RESPONDENTS:
1. THE AUTHORISED OFFICER/MANAGER, AXIS BANK LIMITED, 2ND FLOOR, NIHAL
COMPLEX, KARAMANA, TRIVANDRUM 695002.
2. BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES, MANACAUD BRANCH,
THIRUVANANTHAPURAM - 695009
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue a direction directing 1st respondent to consider and
dispose the Ext.P6 till disposal of Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.M.R.SARIN, Advocate for the petitioner and of SRI.SALIL NARAYANAN,
STANDING COUNSEL for R2, the court passed the following:
WP(C) No.20398/2022 2/5
GOPINATH P., JUDGE.
-----------------------------------------------
W.P.(C)No.20398 of 2022
--------------------------------------------------
Dated this the 28th day of June, 2022
ORDER
The petitioner availed a loan from the 1 st respondent bank in
respect of which proceedings under the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security
Interest Act (hereinafter referred to as the SARFAESI Act) were
initiated to recover the amounts due from the petitioner. This
Court, through judgment dated 1.6.2022, had directed that, if the
petitioner pays an amount of Rs.18,25,000/- together with any
accrued interest and charges on or before 30.6.2022 to the 1 st
respondent bank, further coercive steps against the petitioner shall
be kept in abeyance. This was also taking into consideration the
fact that an amount of Rs.14 lakhs had been paid by the petitioner
to the 1st respondent bank towards discharge of liabilities.
2. This writ petition has been filed by the petitioner stating
that the petitioner has prized a chitty from the 2 nd respondent KSFE
and he intends to utilise that amount to pay the amount of
Rs.18,25,000/- along with future interest and cost as directed in
Ext.P5 judgment. It is submitted that the 1st respondent bank has
to handover the documents pledged with the 1st respondent
forthwith to enable the petitioner to deposit the same with the
WP(C) No.20398/2022 3/5
KSFE for creation of his security for release of the amount under the
prized chitty.
3. The learned Standing Counsel appearing for the 1 st
respondent bank states that the documents mortgaged by the
petitioner are deposited with the Central Processing Centre of the 1 st
respondent bank at Hyderabad and it will take some time for the
bank to handover the documents after payment is effected.
4. When this writ petition is taken up for consideration
today, it is the submission of Sri. Salil Narayanan, the learned
counsel appearing for the 2nd respondent KSFE that the petitioner
has prized yet another chitty from the very same branch of KSFE and
has provided the documents relating to another property belonging
to the petitioner as security for release of the amount under that
chitty. It is submitted that preliminary enquiries have shown that
the value of the said property will also cover the liability of the other
prized chitty as well. It is submitted that the documents have been
forwarded to the Regional Office of the 2 nd respondent for the
purpose of sanction and a period of two weeks is required to process
the same.
5. Having regard to the above facts and circumstances, I
direct that the period for payment of Rs.18,25,000/- be extended by
WP(C) No.20398/2022 4/5
the 1st respondent bank for a period of two weeks from 30.6.2022 on
condition that the petitioner pays all accrued interest and charges to
the 1st respondent bank till the date of payment.
Post after two weeks.
Sd/-
GOPINATH P.
JUDGE
acd
28-06-2022 /True Copy/ Assistant Registrar
WP(C) No.20398/2022 5/5
APPENDIX OF WP(C) 20398/2022
Exhibit P6 THE TRUE COPY OF THE REPRESENTATION FILED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT ON 4.6.2022
