1. Shajan Mathew vs 1. The Branch Manager, Federal ...
2023 Latest Caselaw 5464 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. 14642 OF 2023
PETITIONERS:

    1       SHAJAN MATHEW
            AGED 58 YEARS
            S/O MATHEW, VALUPARAMBIL BUILDING,
            CHINGAVANAM PO, KOTTAYAM, PIN - 686531
    2       ANCY SHAJAN
            AGED 53 YEARS
            W/O SHAJAN MATHEW VALUPARAMBIL BUILDING,
            CHINGAVANAM PO, KOTTAYAM, PIN - 686531
            BY ADVS.
            DARSAN SOMANATH
            S.R.SHAN RUSSAL
RESPONDENTS:

    1       THE BRANCH MANAGER,
            FEDERAL BANK LTD, LCRD KOTTAYAM DIVISION,
            THEKKUMKAL BUILDING, T.B ROAD, KOTTAYAM., PIN - 686001
    2       THE AUTHORIZED OFFICER,
            FEDERAL BANK LTD, LCRD KOTTAYAM DIVISION,
            THEKKUMKAL BUILDING, T.B ROAD, KOTTAYAM, PIN - 686001
            BY ADVS.
            P.PAULOCHAN ANTONY
            MOHAN JACOB GEORGE
            P.V.PARVATHY (P-41)(K/000036/1991)
            REENA THOMAS(R-364)
            NIGI GEORGE(K/1169/2012)
     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.14642 OF 2023

                                     2


                              JUDGMENT

Dated this the 28th day of April, 2023

The petitioners challenged the proceedings initiated against

them under the SARFAESI Act before this Court and this Court by

Ext.P1 judgment granted instalment facilities to repay the outstanding

amount. The petitioners submit that they could not pay the amounts as

directed in Ext.P1 judgment. The petitioners submit that they are

willing to hand over possession of the residential building mortgaged,

but needs some time. Hence this writ petition. The learned counsel for

the petitioners submits that the petitioners will vacate the premises

within six weeks.

2. Sri.Mohan Jacob George, the learned counsel for the

respondents, submits that the petitioners can be granted time up to

14.05.2023 for vacating the premises.

3. This is recorded. In case the petitioners fail to vacate the

premises as undertaken, the Advocate Commissioner will be free to

proceed against them, without further notice. WP(C) NO.14642 OF 2023

The writ petition is disposed of accordingly.

Sd/-

MURALI PURUSHOTHAMAN JUDGE NP WP(C) NO.14642 OF 2023

APPENDIX OF WP(C) 14642/2023

PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN WPC NO 33845/2022 DATED 10/11/2022 Exhibit P2 THE EXAM NOTIFICATION OF ST. BERCHMANS COLLEGE, CHANGANASSERY DATED 13/04/2023 Exhibit P3 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED FROM CARITAS HOSPITAL, KOTTAYAM DATED 19/02/2023 RESPONDENTS' EXHIBITS: NIL