Sheena.K vs Authorised Officer, Canara Bank
2023 Latest Caselaw 9660 Ker

               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. 29341 OF 2023
PETITIONER:

          SHEENA.K,
          AGED 52 YEARS, W/O. P. NARAYANAN, AISWARYA,
          ONDENPARAMBA, CIVIL STATION P.O, KANNUR DISTRICT,
          PIN - 673020
          BY ADVS.
          I.V.PRAMOD
          SAIRA SOURAJ P.


RESPONDENTS:

    1     AUTHORISED OFFICER, CANARA BANK,
          KANNUR BRANCH, GROUND FLOOR, ALFALAH COMPLEX,
          CALTEX JUNCTION, CIVIL STATION, KANNUR, PIN - 673020
    2     MANAGER, CANARA BANK,
          KANNUR BRANCH, GROUND FLOOR, ALFALAH COMPLEX,
          CAL TEX JUNCTION, CIVIL STATION, KANNUR, PIN - 673020




          BY ADV
          AKILA NAMBIAR - SC, CANARA BANK


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.29341 of 2023

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                    DINESH KUMAR SINGH, J.
               ====================
                     W.P.(C) No.29341 of 2023
              ======================
              Dated this the 8th day of September, 2023

                               JUDGMENT

1. The present Writ Petition (Civil) under Article 226 of the

Constitution of India is filed seeking the following reliefs :-

(i) Issue a writ of mandamus or other appropriate writ or order direction directing the respondents to grant 12 months' time to clear the over dues.

(ii) To declare that the continuation of Securitisation proceedings against the petitioner is bad.

(iii) To dispense with the filing of the translation of vernacular documents.

(iv) Issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of this case.

2. The petitioner is the proprietor of a Gas agency, had

availed a loan of Rs.60,00,000/- (Sixty lakhs only) from Canara

Bank, Kannur Branch. The petitioner had defaulted in

discharging the liability of the Bank. The total outstanding of WP(C) No.29341 of 2023

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the loan account of the petitioner is around 65 lakhs and the

overdue amount is Rs.6,60,000/- (Rupees Six lakh sixty

thousand only). The learned counsel for the respondents

submit that in pursuance of sale notice, no bidder has come

forward and the sale could not take place on 08.09.2023. It is

further submitted that, if the petitioner deposits substantial

amount in respect of the overdue amount, the respondents

would regularise the loan account.

3. The learned counsel for the petitioner submits that the

petitioner will deposit Rs.3 lakh within 15 days from today and

will approach the bank for regularising the loan account. It is

also submitted that the balance amount will be deposited within

one month thereafter.

4. Considering the aforesaid submissions and taking into

consideration the facts and circumstances of the case, the writ

petition is finally disposed of with direction to the petitioner to

deposit Rs.3 lakh within 15 days from today and the remaining WP(C) No.29341 of 2023

..4..

overdue amount within one month thereafter. The petitioner

should approach the bank for regularising the loan account after

making payment. In case the petitioner deposits Rs.3 lakh

within 15 days, the SARFAESI proceedings shall be kept in

abeyance.

With the aforesaid direction, the present writ petition is

finally disposed of.

Sd/-

DINESH KUMAR SINGH JUDGE

ded WP(C) No.29341 of 2023

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APPENDIX OF WP(C) 29341/2023

PETITIONER EXHIBITS

Exhibit-P1 A TRUE COPY OF SALE NOTICE ISSUED BY THE RESPONDENT BANK DATED 5/8/2023