Padmavathi. K vs The Authorized Officer, Shoranur ...
2023 Latest Caselaw 9526 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
         TUESDAY, THE 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945
                           WP(C) NO. 9393 OF 2023
PETITIONER/S:
           PADMAVATHI. K, AGED 68 YEARSD/O. PARANGODAN, AGED 68
           YEARS, VAISAKHAM, (KIZHEDATH) HOUSE, KAREKKAD,
           KAVALAPPARA, OTTAPALAM, PALAKKAD DISTRICT., PIN - 679523

             BY ADV K.RAVI (PARIYARATH)


RESPONDENT/S:
     1    THE AUTHORIZED OFFICER, SHORANUR CO-OPERATIVE URBAN
          BANK LTDNO- F.1639, SHORANUR. OTTAPALAM, PALAKKAD
          DISTRICT., PIN - 679121

     2        THE BRANCH MANAGER, SHORANUR CO-OPERATIVE URBAN BANK
              LTD, NO- F.1639, SHORANUR. OTTAPALAM, PALAKKAD DISTRICT.,
              PIN - 679121

     3        SHIVANANDAN S/O PARANGODAN, VAISAKHAM, (KIZHEDATH)
              HOUSE, KAREKKAD, KAVALAPPARA, OTTAPALAM, PALAKKAD
              DISTRICT., PIN - 679523

              BY ADV Thajudeen


         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.9393/2023
                                             -2-



                              JUDGMENT

The present writ petition under Article 226 of the

Constitution of India has been filed seeking the following

reliefs:

"1. To call for the records leading to Exhibit- P2, notice by issuing a Writ of Certiorari and quash the same on a finding that it is illegal, in the interest of justice.

2. To issue a Writ of Mandamus or appropriate Writ or direction commanding the respondents to provide reasonable time to pay off the defaulted installments, so as to regularize petitioner's loan account, in the interest of justice.

3. To pass any such further orders as the petitioner may seek and this Hon'ble Court deem fit to grant in the interest of justice."

3. As per the learned Counsel for the respondent, as of

today, the total outstanding amount is Rs.3,55,443/-.

4. Learned Counsel for the petitioner submits that the

petitioner will pay Rs.1 lakh upfront within a period of one

month. The loan was to be paid off within the year 2025, and W.P.(C) No.9393/2023

the petitioner will pay the remaining outstanding amount in a

two-year period.

5. Considering the aforesaid submission, the writ

petition is disposed of with a direction to the petitioner to pay

Rs.1 lakh upfront to the Bank on or before 05.10.2023. On

payment of Rs.1 lakh upfront, the Bank will re-schedule the

instalments of the remaining amount to be paid in 24 equal

monthly instalments. If the petitioner pays Rs.1 lakh within a

period of one month from today and undertakes to pay the

remaining amount as per the refixed instalments, the

impugned proceedings under the SARFAESI Act shall be

deemed to have been quashed.

Sd/-

DINESH KUMAR SINGH JUDGE jjj W.P.(C) No.9393/2023

APPENDIX OF WP(C) 9393/2023 PETITIONER EXHIBITS

Exhibit - P1 TRUE COPY OF THE RELEVANT PAGES OF THE PASS BOOK, ISSUED AT THE INSTANCE OF THE 2ND RESPONDENT, TO THE PETITIONER, DATED 07.01.20.

Exhibit-P2 TRUE COPY OF THE PAPER PUBLICATION EFFECTED AT THE INSTANCE OF THE 1ST RESPONDENT DESHABHIMANI DAILY, UNDER SECTION 13(4) OF THE SARFAESI ACT, 2002, DATED 30.01.23.