Suseela vs The Indian Overseas Bank
2023 Latest Caselaw 5579 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
         FRIDAY, THE 12TH DAY OF MAY 2023 / 22ND VAISAKHA, 1945
                          WP(C) NO. 14445 OF 2023
PETITIONER:

              SUSEELA,
              AGED 78 YEARS
              W/O. LATE AZHAKESAN, RESIDING AT GEETHALAYAM, VADAKKEVILA
              VILLAGE, KOLLAM TALUK, VADAKKEVILA P.O, KOLLAM DISTRICT,
              PIN - 691010
              BY ADV A.JANI(KOLLAM)


RESPONDENTS:

     1        THE INDIAN OVERSEAS BANK,
              KOLLAM BRANCH, REPRESENTED BY ITS BRANCH MANAGER,
              CHINNAKKADA, KOLLAM, PIN - 691001
     2        THE AUTHORISED OFFICER,
              SARFAESI, THE INDIAN OVERSEAS BANK, KOLLAM BRANCH
              REPRESENTED BY ITS CHIEF GENERAL MANAGER,
              REGIONAL OFFICE, INDIAN OVERSEAS BANK,
              THIRUVANANTHAPURAM, PIN-695 001
     3        RANJU. A.,
              AGED 54 YEARS, S/O LATE AZHAKESAN,
              RESIDING AT GEETHALAYAM, VADAKKEVILA VILLAGE,
              KOLLAM TALUK, VADAKKEVILA P.O, KOLLAM DISTRICT,
              PIN-690 010., PIN - 691010
              BY ADVS.
              SRI.SUNIL SHANKAR, SC, INDIAN OVERSEAS BANK
              VIDYA GANGADHARAN(K/000424/2020)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.14445 OF 2023
                                    2




                             JUDGMENT

The writ petition was filed by the petitioner seeking for a

direction to respondents 1 and 2 not to proceed against the

property covered under Ext.P1.

2. Today when the matter was taken up, the learned

counsel for the petitioner submits that the petitioner is having

life interest in the property. The 3 rd respondent, who is the son

of the petitioner, has mortgaged the property and the petitioner

is willing to approach the Debts Recovery Tribunal in the

capacity of third party.

3. The learned counsel for the Bank accedes to the

submission and undertakes not to proceed with the coercive

steps for a period of two weeks.

Recording the said submission, the writ petition is

disposed of. The petitioner is free to approach the DRT within WP(C) NO.14445 OF 2023

two weeks. In the meantime, there shall be no coercive steps

for dispossession of the petitioner from the property in

question.

sd/-

SHOBA ANNAMMA EAPEN JUDGE hmh WP(C) NO.14445 OF 2023

APPENDIX OF WP(C) 14445/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF SETTLEMENT DEED NO: 3673 DATED 29/08/2011 OF ERAVIPURAM S.R.O Exhibit P2 A TRUE COPY OF APPLICATION IN O.A.NO 294/2020 BEFORE THE DEBT RECOVERY TRIBUNAL II, ERNAKULAM DATED 12/05/2020 Exhibit P3 A TRUE COPY OF THE LETTER DATED 30/10/2014 PRODUCED AS ANNEXURE A-45 ALONG WITH EXHIBIT P 2 PETITION Exhibit P4 A TRUE COPYOF DEMAND NOTICE DATED 13/10/2017 UNDER SECTION 13(2) OF THE SARFAESI ACT ISSUED BY THE 1ST RESPONDENT Exhibit P5 A TRUE COPY OF THE ORDER DATED 22/07/2022 IN M.C. NO: 321 OF 2022 OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM, Exhibit P6 A TRUE COP Y OF REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM, IN M.C. NO: 321 OF 2022,