Tojo John vs The South Indian Bank
2023 Latest Caselaw 3899 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                       WP(C) NO. 11399 OF 2023


PETITIONER:

          TOJO JOHN
          AGED 51 YEARS,, S/O ULAHANNAN,
          MUTHUPLACKAL HOUSE, MATTATHIPPARA PO,
          KADANAD, KOTTAYAM DISTRICT, PIN - 686651

          BY ADVS.
          P.SAMSUDIN
          MILAN RACHEL MATHEW



RESPONDENTS:

    1     THE SOUTH INDIAN BANK
          REPRESENTED BY ITS REGIONAL MANAGER,
          REGIONAL OFFICE, FIRST FLOOR,
          REGENCY SQUARE, COLLECTORATE P.O.,
          KOTTAYAM DISTRICT, PIN - 686002

    2     THE AUTHORISED OFFICER
          SOUTH INDIAN BANK, REGIONAL OFFICE,
          FIRST FLOOR, REGENCY SQUARE,
          COLLECTORATE P.O., KOTTAYAM DISTRICT,
          PIN - 686002

          BY ADV SUNIL SHANKER
          P.A.AUGUSTINE, SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W. P. (C). No.11399 of 2023               2




                               T.R. RAVI, J.
                --------------------------------------------
                       W. P. (C). No.11399 of 2023
                 --------------------------------------------
                  Dated this the 30th day of March, 2023

                               JUDGMENT

Admit. Standing Counsel takes notice for the respondents.

2. The petitioner has approached this Court challenging the

action of the respondents in proceeding to take physical possession

of the secured assets. The petitioner had been issued with notice

under Section 13(4) as early as in 2021. The petitioner was hence

aware of the proceedings.

In the above circumstances, the petitioner may approach the

Bank with a proposal for paying off the amounts due within 10 days

from today. If such a proposal is received, the Bank shall consider

the same and dispose it of within a week thereafter and inform the

petitioner about the decision. Coercive steps shall be kept in

abeyance for a period of one month to facilitate the disposal of the

application as aforesaid.

Sd/-

T.R. RAVI JUDGE Pn

APPENDIX OF WP(C) 11399/2023

PETITIONER'S EXHIBITS

Exhibit-P1 TRUE COPY OF THE NOTICE DATED 28-10-2021 ISSUED UNDER RULE 8 (1) OF THE SECURITY INTEREST ENFORCEMENT RULES BY THE BANK

Exhibit-P2 TRUE COPY OF THE NOTICE DATED 23-03-2023 ISSUED BY THE ADVOCATE COMMISSION IN MC 179/2023 ON THE FILES OF CJM COURT KOTTAYAM

Exhibit-P3 TRUE COPY OF THE CERTIFICATE DATED 23-02-2022 ISSUED BY THE AGRICULTURAL OFFICER, KADANAD