Devanand Vadassery Rajan vs State Bank Of India
2023 Latest Caselaw 5595 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. 15712 OF 2023
PETITIONERS:

    1      DEVANAND VADASSERY RAJAN
           AGED 22 YEARS
           S/O RAJAN, VADASSERY HOUSE, PUTHANPALLI P. O.
           GURUVAYUR, THRISSUR, PIN - 680103
    2      P. SOMASUNDARAN KELADATH
           AGED 62 YEARS
           KES/O GOVINDANKUTTY NAIR, THEKKEDATH HOUSE,
           THRISSUR, KERALA -., PIN - 680103
           BY ADV RENI JAMES


RESPONDENTS:

    1      STATE BANK OF INDIA
           REPRESENTED BY ITS AUTHORIZED OFFICER, STRESSED
           ASSETS RECOVERY BRANCH, 7TH FLOOR, VANKARATH
           TOWERS, PALARIVATTOM, BY-PASS JUNCTION, ERNAKULAM
           -., PIN - 682024
    2      THE AUTHORISED OFFICER
           STATE BANK OF INDIA, STRESSED ASSETS RECOVERY
           BRANCH, 7TH FLOOR, VANKARATH TOWERS,
           PALARIVATTOM, BY-PASS JUNCTION, ERNAKULAM -, PIN
           - 682024

           SC JITHESH MENON
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.15712 of 2023


                                     2




                 SHOBA ANNAMMA EAPEN, J
                   --------------------------------
                  W.P(C).No.15712 of 2023
                    -------------------------------
              Dated this the 12th day of May, 2023

                             JUDGMENT

The grievance of the petitioners is that the

respondents have issued a sale cancellation letter

alleging that the last payment made by the petitioners

was not within the time prescribed under the Act.

2. The learned Standing Counsel appearing for the

Bank submits that though the payment was made after

the last date and the payment has been received by the

Bank, sale certificate can be issued within a period of one

month.

Recording the submissions of the learned Standing

Counsel, the writ petition is disposed of directing the W.P.(C).No.15712 of 2023

respondents to accept the payment made by the

petitioners and issue sale certificate within a period of

one month.

Sd/-

SHOBA ANNAMMA EAPEN, JUDGE

rmm/12/5/2023 W.P.(C).No.15712 of 2023

APPENDIX OF WP(C) 15712/2023

PETITIONER EXHIBITS Exhibit P1 A SALE INTIMATION LETTER ISSUED UNDER RULE 8 (6) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 AND SECURITY INTEREST (ENFORCEMENT) RULES, 2002 IS PRODUCED Exhibit P2 TRUE COPY OF THE SALE CONFIRMATION NOTICE ISSUED BY THE RESPONDENT IS PRODUCED Exhibit P3 TRUE COPY OF THE RECEIPT OF PAYMENT IS PRODUCED Exhibit P4 TRUE COPY OF THE SALE CANCELLATION LETTER ISSUED BY THE RESPONDENTS IS PRODUCED