Janseer K A vs Union Bank Of India
2023 Latest Caselaw 11284 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                     WP(C) NO. 30939 OF 2023
PETITIONERS:

    1     JANSEER K A,
          AGED 33 YEARS
          PROPRIETOR, SKY TRADERS,
          NEDUMBASSERY S/O ABOOBACKER,
          KODOPPILLY , LL/453,
          CHENGAMANAD PUTH UVASSERY, NEDUMBASSERY,
          ERNAKULAM, PIN-683585.

    2     HUSSAIN,
          AGED 53 YEARS
          S/O ABDUL KHADER, MANAYIKODATH HOUSE,
          KUNNUKARA VILLAGE, CHENGAMANAD P O,
          ERNAKULAM, PIN - 683578.

    3     MRS JASEENA K A,
          AGED 39 YEARS
          W/O HUSSAIN, MANAYIKODATH HOUSE,
          KUNNUKARA VILLAGE, CHENGAMANAD P O,
          ERNAKULAM, PIN - 683578.

          BY ADVS.
          J.ASOKAN(KONEZHATH)
          K.G.RAJEESH


RESPONDENTS:

    1     UNION BANK OF INDIA,
          REPRESENTED BY ITS MANAGING DIRECTOR & CHIEF
          EXECUTIVE OFFICER, UNION BANK BHAVAN,
          239 VIDHAN BHAVAN MARG NARIMAN POINT,
          MUMBAI, PIN - 400021.

    2     THE AUTHORISED OFFICER & CHIEF MANAGER,
          UNION BANK OF INDIA, ASSET RECOVERY BRANCH,
          2ND FLOOR, UNION BANK BHAVAN, M G ROAD,
          ERNAKULAM, PIN - 682035.
 W.P.(C) No.30939 of 2023

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    3    THE CHIEF MANAGER,
         UNION BANK OF INDIA, ARAKKAPADY BRANCH,
         NEELANGAL BUILDING, P P ROAD,
         ERNAKULAM, PIN - 683556.

         BY ADVS.
         ASP.KURUP
         SADCHITH.P.KURUP
         C.P.ANIL RAJ
         SIVA SURESH
         RESHMA RAJ


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.30939 of 2023

                                        :3:


                                  JUDGMENT

Dated this the 27th day of October, 2023

The petitioners filed this writ petition seeking the following

reliefs:

"i) To issue a writ of mandamus or any other writ, order or direction directing the respondent-Bank to keep in abeyance the e-auction sale of 3.48 Ares house property comprised in Survey No.495/2/4 of Kunnukara Village, Parur Taluk, Ernakulam District till the month end of December 2023.

ii) To issue any other appropriate writ, order or direction to the respondent-Bank as this Hon'ble Court may deem fit to grant in the interest of justice in the facts and circumstances of the case.

Iii) To allow cost."

2. When the writ petition came up for admission, this

Court, considering the fact that the petitioners have deposited a

substantial amount, stayed the impugned order till 16.10.2023 on

condition that the petitioners shall deposit ₹4,00,000/- on or

before 16.10.2023. The parties on either side admit that the said

amount has been deposited as directed by this Court. W.P.(C) No.30939 of 2023

3. The outstanding amount due from the petitioners

would be around ₹18,63,808/- as on 18.10.2023. The petitioners

submit that they will be able to repay the entire outstanding

amount by 31.12.2023.

4. In the afore facts, I am inclined to dispose of the writ

petition directing the petitioners to make a proposal for settlement

of the loan before the respondents. If the petitioners make such a

proposal within a period of one month, the respondents shall take

appropriate decision in accordance with law, within a further

period of one month. If the petitioners make a proposal within a

period of one month as directed above, the respondents shall

defer any coercive proceedings against the petitioners till a

decision is taken on the proposal.

This writ petition is disposed of as above.

Sd/-

N. NAGARESH JUDGE ams W.P.(C) No.30939 of 2023

APPENDIX OF WP(C) 30939/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.19061 /2022 DATED 24.O8.2022 Exhibit P2 A TRUE COPY OF NOTICE OF E-AUCTION SALE REF:ARB/2023-24/312 DATED 19.08.2023 Exhibit P3 A TRUE COPY OF THE TAX PAID RECEIPT NO.KL07040109662/2023 DATED 16.09.2023 Exhibit P4 A TRUE COPY OF REPRESENTATION DATED T6.09.2023 SUBMITTED TO THE THIRD RESPONDENT