Binu R vs The Authorized Officer
2023 Latest Caselaw 5508 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
      TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945
                        WP(C) NO. 14810 OF 2023
PETITIONER/S:

          BINU R
          AGED 42 YEARS
          S/O RAJAN R, KUZHIVILAKATH VEEDU, ARYANAD, KUTTICHAL
          P.O, THIRUVANANTHAPURAM,, PIN - 695574
          BY ADV M.R.SASITH


RESPONDENT/S:

          THE AUTHORIZED OFFICER
          THE KERALA STATE GRAMIN BANK REGIONAL OFFICE,
          THIRUVANANTHAPURAM HEAD OFFICE, MALAPPURAM, PIN -
          676505
          BY ADV K.M.ANEESH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14810 OF 2023                     2



                                      JUDGMENT

Petitioner had availed a housing loan from the respondent

bank. Since the petitioner had defaulted repayment of the

instalments, the bank initiated proceedings against the

petitioner under the provisions of the SARFAESI Act.

Challenging the proceedings initiated by the bank, petitioner

has approached this Court.

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

learned counsel appearing for the petitioner submits that the

petitioner has already deposited an amount of Rs.50,000/-

(Rupees Fifty thousand only) pursuant to the order dated

28.04.2023 and seeks permission to withdraw the writ petition

with liberty to approach the Debts Recovery Tribunal for

appropriate reliefs.

3. Learned counsel appearing for the respondent bank

submits that coercive proceedings initiated against the

petitioner will be kept in abeyance for a period of three weeks to

facilitate the petitioner to approach the Debts Recovery

Tribunal, in accordance with law.

Accordingly, petitioner is permitted to withdraw the writ

petition with liberty to approach the Debts Recovery Tribunal.

The writ petition is disposed of as above.

Sd/-

MURALI PURUSHOTHAMAN JUDGE ajt

APPENDIX OF WP(C) 14810/2023

PETITIONER EXHIBITS Exhibit P1 . THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENT BANK DATED 15/12/2014 Exhibit P2 .TRUE COPY NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 12/4/2023 Exhibit P3 TRUE COPY OF JUDGMENT IN WRIT PETITION NO 1298/2023 OF HIGH COURT OF KERALA