M.T. Sulaiman vs State Bank Of India
2023 Latest Caselaw 5458 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
         FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945
                         WP(C) NO. 14829 OF 2023
PETITIONER/S:

     1       M.T. SULAIMAN
             AGED 66 YEARS
             S/O. THANGALKUTTI,
             PROPRIETOR POONI TIMBERS, MAMPAD,
             KIZHAKKENCHERRY P.O., PALAKKAD DISTRICT,
             KERALA ., PIN - 678684
     2       DR. SUNEER
             AGED 35 YEARS
             S/O. M.T. SULAIMAN, POONI HOUSE, MAMPAD,
             KIZHAKKENCHERY P.O., PALAKKAD ., PIN - 678684
             BY ADVS.
             A.S.DILEEP
             P.BINOD
             K.Y.SUDHEENDRAN
             SUSEELA DILEEP
             SUDEEP ARAVIND PANICKER


RESPONDENT/S:

             STATE BANK OF INDIA
             ASSET RECOVERY MANAGEMENT BRANCH, R.S. BUILDING, M.G.
             ROAD, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER AND
             AUTHORIZED OFFICER, PIN - 682011
OTHER PRESENT:

             SRI. TOM .K. THOMAS-SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14829 OF 2023            ..2..



                          JUDGMENT

The petitioner is running a saw mill and furniture

manufacturing unit. He had availed a cash credit facility

from the respondent Bank with a limit of Rs.55,00,000/-.

Since the petitioner had defaulted payment of the

instalments, the Bank has initiated proceedings under the

SARFAESI Act. Challenging the same, the petitioner has

filed this writ petition for the following reliefs:

"i) To issue a writ of mandamus or other appropriate writ, direction or order directing the respondent bank to permit the petitioners to run the mill on the condition that the petitioners remit a sum of Rupees Five Lakhs every month after one month of resumption of business or such other sum and subject to such conditions, as may be direct by this Hon'ble Court;

ii) To issue writ of mandamus or other suitable writ, direction or order directing the respondent to consider Exhibit-P6 representation within a period of two weeks after providing an opportunity of hearing to the petitioners."

2. The learned Counsel for the respondent Bank

submits that the Bank is willing to consider Ext.P6 WP(C) NO. 14829 OF 2023 ..3..

representation filed by the petitioner, after hearing him.

3. In the facts and circumstances of the case, there

will be a direction to the 1st respondent to consider Ext.P6

representation with notice to the petitioner and after

hearing him, within a period of ten days from today.

The writ petition is disposed of with the above

direction.

Sd/-

                           MURALI PURUSHOTHAMAN
                                   JUDGE
SB
 WP(C) NO. 14829 OF 2023        ..4..

                          APPENDIX

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RENEWED LICENCE DATED 09/05/2022 FOR RUNNING THE SAW MILL/WOOD BASED INDUSTRIAL UNIT ISSUED BY THE DIVISIONAL FOREST OFFICER, NENMARA Exhibit P2 TRUE COPY OF THE NOTICE DATED 14/10/2022 ISSUED BY THE ADVOCATE COMMISSIONER Exhibit P3 TRUE COPY OF SALE NOTICE DATED 28/09/2022 ISSUED BY THE RESPONDENT Exhibit P4 TRUE COPY OF THE AUCTION SALE NOTICE DATED 28/02/2023 ISSUED BY THE RESPONDENT Exhibit P5 TRUE COPY OF THE HYPOTHECATION DEED PRODUCED BY THE RESPONDENT BEFORE THE HON'BLE CJM COURT, PALAKKAD IN MC 175/2022 FILED UNDER SECTION 14 OF SARFAESI ACT Exhibit6 TRUE COPY OF THE REPRESENTATION DATED 06/04/2023 SUBMITTED BY THE PETITIONERS TO THE RESPONDENT BANK AND ITS BRANCH AT ERIMAYOOR Exhibit P7 TRUE COPY OF THE POSTAL RECEIPT ISSUED FOR EXHIBIT-P6 Exhibit P8 TRUE COPY OF PETITION BEARING NO. M.C. 175/2022 ON THE FILES OF THE HON'BLE CJM COURT, PALAKKAD Exhibit P9 TRUE COPY OF THE AFFIDAVIT FILED ALONG WITH M.C. 175/2022 Exhibit P10 TRUE COPY OF THE ORDER DATED 20/09/2022 PASSED IN M.C. 175/2022 Exhibit P11 TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER BEFORE THE HON'BLE CJM, PALAKKAD IN M.C. 175/2022