Harilal G vs The Branch Manager
2023 Latest Caselaw 8476 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE C.S.DIAS
        MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                       WP(C) NO. 23693 OF 2023
PETITIONER:

            HARILAL G.,
            AGED 52 YEARS
            S/O. GOPALAKRISHNA PILLAI,
            RESIDING AT HARILAL MANDIRAM, EDAVATTOM,
            CHIRAKKARA.P.O., KOLLAM, PIN - 691578
            BY ADVS.
            RAJESH.R
            NAMITHA RAJESH


RESPONDENTS:

    1       THE BRANCH MANAGER,
            UNION BANK OF INDIA, KOLLAM MAIN BRANCH,
            KHAISE BUILDING, NEAR BENZIGER HOSPITAL,
            BEACH ROAD, KOLLAM, PIN - 691001
    2       THE CHIEF MANAGER/AUTHORIZED OFFICER
            UNION BANK OF INDIA, BEACH ROAD,
            KOLLAM, PIN - 691001
            BY ADVS.
            ASP.KURUP
            SADCHITH.P.KURUP(K/1419/2002)
            C.P.ANIL RAJ(K/872/2007)
            SIVA SURESH(K/2688/2022)
            RESHMA RAJ(K/1150/2021)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23693 OF 2023
                                  2



                          JUDGMENT

Dated this the day of 7th August, 2023

The writ petition is filed, interalia, to direct

the 1st respondent to consider and dispose of Ext.P4

representation, expeditiously.

2. The petitioner's case is that he had

availed financial assistance from the 1st respondent

- Bank - by creating an equitable mortgage by

deposit of title deeds. Due to unforeseen

circumstances, the petitioner could not pay the

instalments on time. The 2nd respondent has

initiated proceedings under the Securitization and

Reconstruction of Financial Assets and

Enforcement of Security Interest Act (in short,

'Act') and is threatening to take physical possession

of the secured asset. The petitioner submits Ext.P4

proposal to avail loan OTS facility. The petitioner

prays that Ext.P4 may be considered and disposed WP(C) NO. 23693 OF 2023

of within a time period fixed by this Court. Hence,

the writ petition.

3. Heard; Sri. Rajesh R, the learned counsel

appearing for the petitioner and Sri. A.S.P. Kurup,

the learned counsel appearing for the respondents.

4. Sri. A.S.P. Kurup, on instructions,

conceded the fact that the petitioner has submitted

Ext.P4 representaion on 30.06.2023. He also added

that subsequent to the filing of the writ petition the

petitioner's loan account has been regularized.

Nonethless, the respondents are willing to consider

Ext.P4 representation.

5. Having considered the pleadings and

materials on record and taking note of the fact that

Ext.P4 representation is pending consideration

before the 1st respondent from 30.06.2023, I deem

it appropriate to dispose of the writ petition.

Resultantly, I order the writ petition as

follows;

WP(C) NO. 23693 OF 2023

The 1st respondent is directed to consider and

dispose of Ext.P4 representation, in accordance

with law and as expeditiously as possible, at any

rate, within a period of two weeks from the date of

receipt of a certified copy of this judgment, after

affording the petitioner an opportunity of being

heard.

Sd/-

C.S.DIAS JUDGE LU WP(C) NO. 23693 OF 2023

APPENDIX OF WP(C) 23693/2023

PETITIONER EXHIBITS :

EXHIBIT-P1 THE TRUE COPY OF THE NOTICE DATED 03.02.2023 ISSUED BY THE 2ND RESPONDENT UNDER RULE 8(1) NOTICE EXHIBIT-P2 THE TRUE COPY OF THE RECEIPT DATED 04.02.2023 EXHIBIT-P3 THE TRUE COPY OF THE RECEIPT DATED 24.05.2023 EXHIBIT-P4 THE TRUE COPY OF THE REPRESENTATION DATED 30.06.2023 GIVEN TO THE 1ST RESPONDENT

// True Copy // PA To Judge