Kerala High Court
Suresh. S vs Esaf Small Finance Bank Limited on 8 September, 2023
WP(C) No.29426/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
Friday, the 8th day of September 2023 / 17th Bhadra, 1945
WP(C) NO. 29426 OF 2023
PETITIONERS:
1. SURESH. S., AGED 52 YEARS, S/O. SUKUMARAN, NEETHU BHAVAN, KADAMPARA,
POOZHANADU, OTTASEKHARAMANGALAM P.O., THIRUVANANTHAPURAM, PIN-695125
2. BINDU. R, AGED 46 YEARS, W/O SURESH.S, NEETHU BHAVAN, KADAMPARA,
POOZHANADU, OTTASEKHARAMANGALAM P.O., THIRUVANANTHAPURAM, PIN-695125
RESPONDENTS:
1. ESAF SMALL FINANCE BANK LIMITED, REGISTERED OFFICE AT, NO. VII/83/8,
ESAF BHAVAN, MANNUTHY, THRISSUR, REPRESENTED BY ITS ASSISTANT VICE
PRESIDENT IN BRANCH BANKING DEPARTMENT, PIN - 680651
2. ASSISTANT VICE PRESIDENT IN BRANCH BANKING DEPARTMENT AND AUTHORIZED
OFFICER, ESAF SMALL FINANCE BANK LTD., TRIVANDRUM BRANCH, MARVALLIL,
DR. KOSHY BUILDING, PANAVILA JUNCTION, THIRUVANANTHAPURAM,
PIN-695014
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings in furtherance of Exhibit P1
notice and Exhibit P2 order, pending disposal of the Writ Petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.SASI M.R., N.P.SILPA, DHARMYA M.S, KAVYA KRISHNAN & S.SAJIT SANAL,
Advocates for the petitioners, the court passed the following:
WP(C) No.29426/2023 2/4
DINESH KUMAR SINGH, J.
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W.P.(C) No.29426 of 2023
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Dated this the 8th day of September, 2023
ORDER
1. Issue notice to the respondent Bank. Steps to be
taken within seven days. The petitioner is permitted to
serve notice on the respondents through Special Messenger.
2. Post this matter on 18.09.2023.
3. Learned Counsel for the petitioner submits that the
petitioner is a daily wages worker and a total loan amount
was Rs.7,00,000/- (Rupees Seven Lakhs) which was taken for
the marriage of his daughter in the year 2019. Today, the
total outstanding is Rs.7,89,585/- (Rupees Seven Lakhs
Eighty Nine Thousand Five Hundred and Eighty Five). The
Learned Counsel for the petitioner submits that the
petitioner will deposit Rs.1,00,000/- (Rupees One Lakh) with
the Bank within a period of 15 days. It is further submits that
the petitioner will remit the remaining outstanding amount
in some installments to be fixed by this Court.
WP(C) No.29426/2023 3/4
W.P.(C) No.28954 of 2023
4. Seeking the aforesaid submission of the Learned
Counsel for the petitioner and the further proceedings in
pursuance to the Ext.P2 Judgment dated 27.04.2023 in MC
343/2023 of the learned Chief Judicial Magistrate,
Thiruvananthapuram shall be kept in abeyance.
5. If the petitioner fails to remit Rs.1,00,000/- (Rupees One
lakh) within a period of 15 days, the Bank may go ahead with
the SARFAESI proceedings.
Sd/-
DINESH KUMAR SINGH
JUDGE
rpr
WP(C) No.29426/2023 4/4
APPENDIX OF WP(C) 29426/2023
Exhibit P1 A TRUE COPY OF THE NOTICE DATED 01/10/2022 U/S 13(2) OF
THE SARFAESI ACT.
Exhibit P2 A TRUE COPY OF THE ORDER DATED 27TH APRIL 2023 IN MC
343/2023 OF THE LEARNED CHIEF JUDICIAL MAGISTRATE,
THIRUVANANTHAPURAM
