Axis Bank Ltd Represented By Its ... vs A B Mathew
2023 Latest Caselaw 992 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                        WP(C) NO. 424 OF 2023
PETITIONERS:

    1     AXIS BANK LTD,
          5TH FLOOR,CHICAGO PLAZA ,RAJAJI ROAD,KOCHI - 682 035,
          REPRESENTED BY ITS AUTHORIZED OFFICER.

    2     THE MANAGER,
          AXIS BANK LTD, 5TH FLOOR ,CHICAGO PLAZA,
          RAJAJI ROAD, KOCHI - 682 035.

          BY ADV P.PAULOCHAN ANTONY



RESPONDENTS:

    1     A B MATHEW,
          AGED 49 YEARS,
          RESIDING AT AMBALAKKATTU HOUSE,GRADE.COTTAGE,
          H.M.T COLONY P O , PALLIANKARA,THRIKKAKKARA NORTH
          VILLAGE, NEAR SEA PORT AIR PORT ROAD, KOCHI - 683 503.

    2     RINCY MATHEW,
          AGED 40 YEARS,
          W/O A B MATTHEW, RESIDING AT AMBALAKATTU HOUSE, GRADE
          COTTAGE,HMT COLONY P O, PALLIANKARA,
          THRIKKAKKARA NORTH VILLAGE, NEAR SEA PORT AIR PORT
          ROAD, KOCHI - 683 503.

          BY ADVS.
          ELDHO K.C
          S.BIJILAL




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 424 OF 2023

                                   2


                             JUDGMENT

This writ petition has been filed challenging Ext.P7 order of

the learned Additional Chief Judicial Magistrate Court, Ernakulam

on C.M.P No.5744/2022 in M.C.No.508/2019. The learned

Magistrate has found that in proceedings under Section 14 of

the SARFAESI Act, the police cannot be directed to give

assistance to the Authorized Officer to shift the aged father of

the borrower (1st respondent) from the premises. Notice was

taken out by special messenger in this matter.

2. Adv.K.C.Eldho, the learned counsel appearing for the

1st respondent would submit that he has not contested the

prayers made in the writ petition on merits. He states that his

client may be given sufficient time to vacate the premises as

there is no other place to which the aged father of the 1 st

respondent can be shifted immediately. He also states that his

client is on the look out for buyers to buy the property in

question so that the liability towards the petitioner Bank can be

settled in full.

3. The learned counsel appearing for the petitioner

would submit that the petitioner has no objection in granting WP(C) NO. 424 OF 2023

some time to the 1st respondent to hand over vacant possession.

Accordingly, this writ petition will stand disposed of

directing that the 1st respondent shall hand over vacant

possession of the secured asset to the Authorized Officer of the

petitioner Bank on or before 10.03.2023. It will always be open

to the 1st respondent to settle the matter with the petitioner

Bank in the meanwhile.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 424 OF 2023

APPENDIX OF WP(C) 424/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE SARFAESI NOTICE ISSUED UNDER SECTION-13(2) OF THE ACT BY THE PETITIONER BANK TO RESPONDENTS

Exhibit P2 TRUE COPY OF THE ORDER DATED 17.08.2019 IN M C NO:508 OF 2019 FILED BY THE PETITIONER BEFORE THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM

Exhibit P3 TRUE COPY OF THE WRIT PETITION NO 27599/2021 DATED 01.12.2021 WITHOUT EXHIBITS

Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 03.12.2021

Exhibit P5 TRUE COPY OF THE WPC27599/21JUDGEMENT DATED 20.05.2022

Exhibit P6 A TRUE COPY OF THE PETITION DATED 29.11.2022 BEARING NO CMP 5744/2022 FILED BY THE PETITIONER BANK

Exhibit P7 TRUE COPY OF THE CMP5744/22 IN MC508/19 ORDER DATED 02.11.2022 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (SPL COURT FOR MP/MLA'S)