Ismail Kaithakath vs The Authorized Officer
2023 Latest Caselaw 7817 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
                       WP(C) NO. 12640 OF 2023
PETITIONER:

          ISMAIL KAITHAKATH
          AGED 52 YEARS
          S/O MOIDEEN K, KAITHAKATH, PANTHARANGADI P.O
          TIRURANGADI, MALAPPURAM-676306, PIN - 676306

          BY ADV PRAVEEN K. JOY


RESPONDENTS:

    1     THE AUTHORIZED OFFICER
          KERALA STATE CO-OPERATIVE BANK LTD, (ERSTWHILE
          MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD), CHEMMAD
          BRANCH, MALAPPURAM, PIN - 676306

    2     BRANCH MANAGER
          KERALA STATE CO-OPERATIVE BANK LTD (ERSTWHILE
          MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD), CHEMMAD
          BRANCH, MALAPPURAM-676306, PIN - 676306

          BY ADV GILBERT GEORGE CORREYA


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.12640/2023                          -2-

                                         JUDGMENT

The petitioner has approached this court by filing the above writ petition and

seeking the following reliefs:-

"(i) To issue writ, order or direction in the nature of mandamus directing the respondents to permit the petitioner to repay the balance of the outstanding amounts in monthly installments, for regularisation, in the interest of justice.

(ii) To issue direction to the 1 st and 2nd respondent to take up and pass orders on Ext.P1 representation within a time limit, in the interest of justice.

(iii) To issue writ, order or direction in the nature of mandamus directing the respondents to accept the proposal of regulaisation and thereby grant 30 installments to regularise the loan, in the interest of justice.

(iv) To stay all further coercive steps initiated by the respondent bank against the petitioner, while Ext.P1 request is pending consideration, in the interest of justice"

2. When this matter is taken up for consideration today, it is the

submission of the learned counsel appearing for the petitioner that, pending the

writ petition, proceedings have been initiated against the petitioner under the

provisions of the Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act (hereinafter referred to as the SARFAESI Act)

and an Advocate Commissioner has issued notice dated 15-07-2023 for taking

physical possession of the property in proceedings under Section 14 of the

SARFAESI Act. It is submitted that the petitioner intends to challenge those

proceedings before the Debts Recovery Tribunal.

3. In the light of the above submission, I am of the view that no further

orders are necessary in the present writ petition. It is open to the petitioner to

challenge the proceedings now initiated against the petitioner by availing statutory

remedies under the provisions of the SARFAESI Act.

Sd/-

GOPINATH P.

JUDGE

AMG

APPENDIX OF WP(C) 12640/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BEFORE THE RESPONDENT BANK DATED 30.03.2023

Exhibit P2 TRUE COPY OF THE ADVOCATE COMMISSIONER NOTICE DATED 15.07.2023 IN CMP NO.2099/2021 OF CHIEF JUDICIAL MAGISTRATE COURT, MANJERI