Kerala High Court
Lekshmi. G vs The Authorised Officer And Chief ... on 18 April, 2023
WP(C) No.10301/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Tuesday, the 18th day of April 2023 / 28th Chaithra, 1945
WP(C) NO. 10301 OF 2023(K)
PETITIONER:
LEKSHMI.G., AGED 37 YEARS, W/O. SAJEEV @ SAJI S., RESIDING AT
AARONVILLA, KATTAKAL, CHERUTHERI, VILAPPILSALA.P.O, VILAPPIL
VILLAGE, KATTAKADA TALUK, THIRUVANATHAPURAM DISTRICT, PIN - 695573
RESPONDENTS:
1. THE AUTHORISED OFFICER AND CHIEF MANAGER, BANK OF INDIA, GROUND
FLOOR, TECH REVENUE, KAILAS NAGAR RAOD, BYE-PASS JUNCTION,
KAZHAKUTTOM, THIRUVANANTHAPURAM- 695 582, PIN - 695582
2. THE ZONAL OFFICER, BANK OF INDIA ZONAL OFFICE, SREYAS, GPO LINE,
STATUE, PULIMOODU JUNCTION, THIRUVANATHAPURAM, PIN - 695001
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 direct the respondent bank not to take any coercive action to
take possession of the secured property in Exhibit P1 mortgaged with the
bank till the repayment of loan amount agreed by the respondent bank with
the petitioner, pending disposal of the Writ Petition and pass such other
orders as this Honourable Court deems fit and necessary in the interest of
justice and for proper and effective adjudication of the case
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
M/S. PRATHAP.S.R.K., A.S.SANGEETHA, MAHENDRAKUMAR K., ANN OLIVIA
VALLAVANADAN, AJITH BHASI, Advocates for the petitioners, the court
passed the following:
WP(C) No.10301/2023 2/4
VIJU ABRAHAM, J.
.................................................................
W.P.(C) No.10301 of 2023
.................................................................
Dated this the 18th day of April, 2023
ORDER
Admit. Adv.Jawahar Jose takes notice for respondents.
2. Petitioner submits that she is ready and willing to close
the loan account if she is granted two months time.
3. Learned standing counsel for the respondent bank
opposed the submission on the ground that on earlier occasion the
guarantor had approached this Court filing W.P.(C) No.42826 of 2022
and that he has not complied with the directions in the judgment dated
18.01.2023 in the said writ petition. The learned standing counsel
further submits that even going by the directions in the said judgment
the amount due as on date is around Rs.9.4 lakhs.
4. Petitioner submits that she is ready and willing to pay a
substantial amount to prove her bonafides and that she will deposit an
amount of Rs.8,00,000/- within a period of three weeks from today and
within a period of two months from today the whole loan amount will
be repaid and the loan account will be closed.
WP(C) No.10301/2023 3/4
The abovesaid submission is recorded. Therefore, further
proceedings pursuant to Ext.P5 notice shall be kept in abeyance on
condition that the petitioner deposits an amount of Rs.8,00,000/- within
a period of three weeks from today. If the amount is not paid as
directed the bank will be free to proceed further from the stage at
which Ext.P5 notice was issued.
Sd/-
VIJU ABRAHAM
JUDGE
cks
18-04-2023 /True Copy/ Assistant Registrar
WP(C) No.10301/2023 4/4
APPENDIX OF WP(C) 10301/2023
Exhibit P1 TRUE COPY OF THE DEED NO: 1133/2006 REGISTERED IN
MURUKKUMPPUZHA SUB REGISTER OFFICE IN FAVOUR OF
SHRI.SAJEEV. @SAJI.S IS ALONG WITH TYPED LEGIBLE COPY
Exhibit P5 TRUE COPY OF THE NOTICE DATED 08/12/2022 ISSUED BY THE
ADVOCATE COMMISSIONER INTIMATING THE TAKING POSSESSION
OF THE SECURE ASSET
18-04-2023 /True Copy/ Assistant Registrar
