Kerala High Court
Sasidharan P vs South Indian Bank Ltd on 12 June, 2023
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WP(C) No.14921 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
WP(C) NO. 14921 OF 2023
PETITIONER/S:
SASIDHARAN P
AGED 46 YEARS
S/O.P. VELU, PANNIKKODAN VEEDU, CHATHANGOTTUPURAM
P.O, WANDOOR, MALAPPURAM DISTRICT, PIN - 679328
BY ADVS.
LATHEESH SEBASTIAN
R.ARUN
RESPONDENT/S:
1 SOUTH INDIAN BANK LTD
REPRESENTED BY THE REGIONAL MANAGER, REGIONAL
OFFICE, SIB HOUSE, TRISSUR, PIN - 680001
2 THE AUTHORIZED OFFICER UNDER THE SARFAESI ACT
SOUTH INDIAN BANK LTD., SIB HOUSE, TRISSUR, PIN -
680001
3 THE BRANCH MANAGER
SOUTH INDIAN BANK LTD., WANDOOR BRANCH, PANDIKKAD
ROAD, MALAPPURAM, PIN - 679328
BY ADVS.
SUNIL SHANKER
VIDYA GANGADHARAN(K/000424/2020)
JERIN GEORGE(K/863/2023)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No.14921 of 2023
C.S DIAS,J.
---------------------------
WP(C) No.14921 of 2023
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Dated this the 12th day of June, 2023 .
JUDGMENT
The writ petition is filed, inter alia, to direct the
respondents to regularise the loan account and permit
the petitioner to pay off the outstanding amount in
equated monthly instalments.
2. The petitioner's case is that he had availed
financial assistance from the third respondent - Bank -
in the year 2013, by creating an equitable mortgage.
Due to the COVID-19 pandemic and other personal
reasons, he could not pay off the instalments on time.
The Bank has initiated proceedings against the secured
asset under the Securitization and Reconstruction of
WP(C) No.14921 of 2023
Financial Assets and Enforcement of Security Interest
Act (in short, 'Act'). The petitioner has submitted
Ext P2 representation before the third respondent. The
petitioner prays that the third respondent may be
directed to consider and dispose of Ext P2
representation and until such time to defer coercive
proceedings pursuant to Ext P1 notice. Hence, the writ
petition.
3. Heard; Sri.Latheesh Sebastian, the learned
counsel appearing for the petitioner and Sri.Sunil
Shanker, the learned counsel appearing for the
respondents.
4. Sri.Latheesh Sebastian submitted that the
negotiations are in progress with the third respondent -
Bank. In addition to Ext P2 representation, the
WP(C) No.14921 of 2023
petitioner has submitted another representation to the
third respondent. The petitioner would be satisfied if
the third respondent is directed to consider and dispose
of the representation after affording the petitioner an
opportunity of being heard.
5. The learned counsel appearing for the
respondents submitted that the respondents have no
objection in the representation being directed to be
considered.
6. Having considered the pleadings and materials
on record and taking note of the fact that Ext P2
representation is pending consideration before the third
respondent, I deem it appropriate to dispose of the writ
petition in the following manner:
WP(C) No.14921 of 2023
(i) The competent officer among the respondents is
directed to consider and dispose of Ext P2
representation, in accordance with law and as
expeditiously as possible, at any rate within a period of
one month from the date of receipt of a certified copy
of the judgment, after affording the petitioner an
opportunity of being heard.
(ii) Until such time, orders are passed on Ext P2
representation, all further proceedings pursuant to Ext
P1 notice, shall stand deferred.
SD/-
sks/12.6.2023 C.S.DIAS, JUDGE
WP(C) No.14921 of 2023
APPENDIX OF WP(C) 14921/2023
PETITIONER EXHIBITS
ExhibitP1 TRUE COPY OF THE NOTICE OF THE ADVOCATE
COMMISSIONER DATED 04.04.2023
ExhibitP2 TRUE COPY OF THE REPRESENTATION OF THE
PETITIONER DATED 25.04.2023
