Jose K Francis vs Union Bank Of India
2023 Latest Caselaw 3873 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                &
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                      WA NO. 314 OF 2023
ORDER DATED 7.12.2022 IN RP 899/2022 IN WP(C) 24624/2022


APPELLANTS/RESPONDENT 1 & 2 IN RP/PETITIONER IN WP(C):

    1       JOSE K. FRANCIS, AGED 61 YEARS
            S/O FRANCIS, KUTTIKKADAN HOUSE, RESIDENCE NO.81,
            PRIYADARSHINI NAGAR, EAST FORT, THRISSUR, PIN -
            680002

    2       CEENA JOSE, AGED 56 YEARS
            W/O JOSE K FRANCIS, KUTTIKKADAN HOUSE, RESIDENCE
            NO.81, PRIYADARSHINI NAGAR, EAST FORT, THRISSUR,
            PIN - 680002

           BY ADVS.
           P.M.BINDHUMOL
           PAUL PAULSON T.



RESPONDENTS/REVIEW PETITIONERS & RESPONDENT 3 IN
RP/RESPONDENTS IN WP(C):

    1      UNION BANK OF INDIA
           REGIONAL OFFICE, ERNAKULAM RURAL, NEAR KSRTC BUS
           STATION, GOVT HOSPITAL ROAD, ALUVA,ERNAKULAM
           REPRESENTED BY CHIEF MANAGER, PIN - 683101

    2      UNION BANK OF INDIA
           THRISSUR BRANCH, 20/621/4, LOVEDALE APARTMENTS,
           KOTTAPPURAM, THRISSUR REPRESENTED BY CHIEF
           MANGER, PIN - 680004
 WA NO. 314 OF 2023
                                  ..2..

    3      THE AUTHORISED OFFICER
           UNION BANK OF INDIA THRISSUR BRANCH, 20/621/4,
           LOVEDALE APARTMENTS, KOTTAPPURAM, THRISSUR, PIN
           - 680004

    4      UNION OF INDIA
           REPRESENTED BY SECRETARY, DEPARTMENT OF BANKING
           OPERATIONS, MINISTRY OF FINANCE, NEW DELHI, PIN
           - 110001


        THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
30.03.2023,    THE   COURT   ON    THE    SAME   DAY   DELIVERED   THE
FOLLOWING:
 WA NO. 314 OF 2023
                                    ..3..

                               JUDGMENT

A. MUHAMED MUSTAQUE, J.

This appeal has been preferred by the borrowers,

who approached this Court challenging SARFAESI

proceedings. The learned Single Judge allowed

them to remit the entire amount in 20

instalments. Thereafter, the bank filed review

petition, wherein it was reduced to four

instalments. It is challenging this, the writ

petitioners have come up in appeal.

2. Pursuant to our direction, 50% of the amount has

been deposited by the appellants. That being so,

we grant three months' time to deposit the

balance amount, which can be paid in instalments

or lump-sum within a period of three months from

today. No coercive steps shall be taken by the

respondents for a period of three months.

The appeal is disposed of, as above.

Sd/-

A. MUHAMED MUSTAQUE

JUDGE

Sd/-

SHOBA ANNAMMA EAPEN

JUDGE bka/-