Ummer P.R vs The Autorized Officer
2022 Latest Caselaw 5457 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
   FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                     WP(C) NO. 15088 OF 2022
PETITIONER:

          UMMER P.R., AGED 61 YEARS
          S/O. MUHAMEED HAJI, PERUMPADAPPIL PIYARS HOUSE,
          POOTHARIKAL, PARAPPANNAGADI, MALAPPURAM 686 303.
          BY ADV V.N.SUNIL KUMAR


RESPONDENTS:

    1     THE AUTORIZED OFFICER,
          UCO BANK, MG ROAD, ERNAKULAM, RAVIPURAM,
          COCHIN 682 016.
    2     MANAGER,
          UCO BANK, MG ROAD,
          ERNAKULAM, RAVIPURAM, COCHIN 682 016.
          BY ADV DEEPAK JOY.K.



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) 15088/2022
                                              2



                       BECHU KURIAN THOMAS, J
                     ..............................................
                        W.P.(C) No.15088 of 2022
                        .....................................
                   Dated this the 20 th day of May, 2022

                                    JUDGMENT

The petitioner seeks the relief of repayment of the

overdue amount under a loan account in

instalments apart from seeking to restrain all

proceedings pursuant to Ext.P4 sale.

2. During the course of hearing respondent expressed

its disinclination to accept repayment of the

overdue amount in instalments. Hence, the scope

of the writ petition becomes confined to the

challenge against the notice for sale.

3. Since the proceedings for sale can be effectively

challenged before the Debts Recovery Tribunal, on

noticing the disinclination of this Court to

entertain the challenge against a sale, the learned

counsel for the petitioner sought permission to WP(C) 15088/2022

withdraw the writ petition, with liberty to move

the Tribunal.

4. In view of the above submissions, the writ

petition is dismissed as withdrawn reserving the

liberty of the petitioner to move the Debts

Recovery Tribunal.

Sd/-

BECHU KURIAN THOMAS JUDGE

AMV/20/05//2022 WP(C) 15088/2022

APPENDIX OF WP(C) 15088/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT UNDER SECTION 13 (2) OF SARFAESI ACT DATED 24.05.2021. Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT UNDER SECTION 13 (2) OF SARFAESI ACT DATED 04.09.2021. Exhibit P3 TRUE COPY OF THE POSSESSION NOTICE AFFIXED BY THE FIRST RESPONDENT DATED 02.12.2021.

Exhibit P4 TRUE COPY OF NOTICE FOR SALE OF IMMOVABLE PROPERTY ISSUED BY THE IST RESPONDENT DATED 21.04.2022. Exhibit P5 TRUE COPY OF THE RELEVANT DETAILS OF AUCTION PUBLISHED ON MADHYAMAM DAILY DATED 22.04.2022.

RESPONDENTS EXHIBITS : NIL

TRUE COPY