Arif Muhammed vs The Authorised Officer
2023 Latest Caselaw 5594 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. 15729 OF 2023
PETITIONER:

              ARIF MUHAMMED
              AGED 36 YEARS
              S/O. JABBAR M.M , MEZHUKKATTIL VEEDU
              EDATHALA NORTH, ALUVA, PIN - 683561
              BY ADVS.
              SADCHITH.P.KURUP
              C.P.ANIL RAJ
              SIVA SURESH
              RESHMA RAJ


RESPONDENT:

              THE AUTHORISED OFFICER
              INDIAN OVERSEAS BANK PERUMBAVOOR BRANCH 11 / 303 - U,
              MADAPARAMBIL ARCADE TEMPLE JUNCTION, M.C. ROAD
              PERUMBAVOOR-, PIN - 683542

              SRI.SUNIL SHANKAR-SC
     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. 15729 OF 2023
                                    2



                              JUDGMENT

The petitioner is aggrieved by Ext.P4 notice issued by

the Advocate Commissioner in respect of dispossession of the

property.

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

counsel for the petitioner has limited his prayer requesting

time for approaching the Debts Recovery Tribunal.

3. The learned Standing Counsel also agrees not to take

any coercive steps for the period of two weeks.

The writ petition is disposed of directing the petitioner to

approach the Debts Recovery Tribunal within two weeks from

today. Till such time, no coercive steps shall be taken by the

respondents.

sd/-

SHOBA ANNAMMA EAPEN JUDGE hmh WP(C) NO. 15729 OF 2023

APPENDIX OF WP(C) 15729/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE DATED 21/7/2022 ISSUED BY THE RESPONDENT TO THE PETITIONER Exhibit P2 A TRUE COPY OF THE SYMBOLIC POSSESSION NOTICE DATED 22/9/22 ISSUED BY THE RESPONDENT TO THE PETITIONER Exhibit P3 A TRUE COPY OF THE JUDGMENT DATED 3.1.2023 IN WPC 42379/2022 OF THIS HONOURABLE COURT Exhibit P4 A TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER ON 31.3.2023 TO THE PETITIONER Exhibit P5 A TRUE COPY OF THE PROCEEDINGS DATED 9.5.2023, AS OBTAINED FROM THE ONLINE PORTAL OF THE ECOURTS SERVICE RESPONDENTS EXHIBITS : NIL