Susamma Varughese Alias Susy ... vs South Indian Bank
2022 Latest Caselaw 10749 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
                        WP(C) NO. 28294 OF 2022
PETITIONER/S:

    1     SUSAMMA VARUGHESE ALIAS SUSY VARUGHESE
          AGED 69 YEARS
          W/O V.V VARGHESE
          VATTAPARAMBIL PUTHENVEETIL KURUTTUSSERY
          PAVUKKARA PO. MANNAR ALAPPUZHA, PIN - 689622
    2     LINU V VARGHESE
          AGED 44 YEARS
          S/O V V VARGHESE
          VATTAPARAMBIL PUTHENVEETIL
          KURATTISSERY PAVUKKARA PO
          MANNAR ALAPPUZHA DISTRICT, PIN - 689622
          BY ADVS.
          LIJU.V.STEPHEN
          INDU SUSAN JACOB
          SHYNI DAS J.S.


RESPONDENT/S:

    1     SOUTH INDIAN BANK
          THIRUVALLA BRANCH MT COMMERCIAL CENTRE
          NEAR SCS JUNCTION THIRUVALLA AND
          CHENGANNUR BRANCH
          AMBATTU BUILDING, COURT ROAD, ALAPPUZHA- REPRESENTED BY
          ITS BRANCH MANAGER, PIN - 689121
    2     AUTHORISED OFFICER
          (CHIEF MANAGER), SOUTH INDIAN BANK LTD,
          REGINAL OFFICE, THIRUVALLA, PIN - 689107
          BY ADV SRI.K.K.JOHN,SC,SOUTH INDIAN BANK




          ADV. SUNIL SHANKAR (SC)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28294 OF 2022                   2




                               JUDGMENT

Petitioners have approached this Court, being aggrieved by

the proceedings initiated by the respondent bank under the

provisions of the SARFAESI Act.

2. The petitioners have approached this Court, at a time

when the properties belonging to the petitioners were notified for

sale through Ext.P5 on 06.09.2022. Taking into consideration of

the submission made by the learned counsel appearing for the

petitioners that the petitioners were offered a One Time

Settlement of Rs.55,00,000/- (Rupees Fifty Five lakhs only) and

that amount will be remitted on or before 30.09.2022, this Court

had granted an interim order on 01.09.2022, adjourning the

confirmation of sale, if any, conducted on 06.09.2022, till

30.09.2022. Thereafter, the interim order was extended till

21.10.2022.

3. When this matter is taken up for consideration today, it

is submission of the learned counsel appearing for the petitioners

that the petitioners were unable to deposit the amount directed to

be deposited. It is rather unfortunate that the petitioners had

made an offer before this Court that an amount of Rs.55 lakhs

would be remitted on or before 30.09.2022 and after having

obtained an order of stay in the confirmation of sale, it is later

informed to this Court that the petitioners are not in a position to

pay the amount which they had offered to be paid. This Court

exercises very limited jurisdiction in matters arising under the

SARFAESI Act. The petitioners have not shown their bona fides

entitling them to any relief under Article 226 of the Constitution

of India. The writ petition fails and it is accordingly dismissed.

sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 28294/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF NOTICE UNDER SECTION 13(2) OF THE 9-14 SARFAESI ACT 2002, DATED 22-03-2019 TRUE COPY OF NOTICE UNDER SECTION 13(2) OF THE SARFAESI ACT 2002, DATED 22-03-2019 Exhibit P2 TRUE COPY OF NOTICE DATED 07-2-2020 ISSUED BY SIB CHENGANNUR BRANCH Exhibit P3 TRUE COPY OF NOTICE DATED 23-12-2021 ISSUED BY ADVOCATE COMMISSIONER Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 14-3-2022 IN W.P.(C) NO.1333/2022 OF THIS HON'BLE COURT Exhibit P5 TRUE COPY OF THE NOTICE DATED 10-8-2022 ISSUED BY THE RESPONDENT, BANK