Rafeekhan vs The Branch Manager
2024 Latest Caselaw 10585 Ker

Kerala High Court

Rafeekhan vs The Branch Manager on 11 April, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                  &
           THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
    THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                          WA NO. 541 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.8520 OF 2024 OF HIGH
                           COURT OF KERALA
APPELLANT/PETITIONER :-

          RAFEEKHAN, AGED 56 YEARS
          S/O.SAINUDEEN, S.R.MANZIL, KOCHALUMMOODU,
          PANGODE P.O, THIRUVANANTHAPURAM, PIN - 695609

          BY ADVS.
          K.SIJU
          S.ABHILASH
          ANJANA KANNATH
          MARIYA JOSE
          JOSHNA JOY


RESPONDENTS/RESPONDENTS :-

    1     THE BRANCH MANAGER
          STATE BANK OF INDIA, THATTATHUMALA BRANCH,
          KILIMANOOR, THIRUVANANTHAPURAM DISTRICT -, PIN - 695601

    2     THE AUTHORIZED OFFICER
          STATE BANK OF INDIA, STRESSED ASSETS RECOVERY BRANCH,
          LMS COMPOOUND, OPP. MUSEUM WEST GATE, VIKAS BHAVAN.P.O,
          THIRUVANANTHAPURAM, PIN - 695033



     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 541 OF 2024
                                   2




                            JUDGMENT

A.MUHAMED MUSTAQUE,J

The appellant has filed a writ petition before this Court, which

challenges securitization proceedings. The learned Single Judge of

this Court granted relief that permitted the petitioner to clear the

entire loan amount in 12 equal monthly installments. The claim of the

appellant is that permit him to clear all dues and thereafter regularize

the account.

2. The learned Standing Counsel submits that the account

has been recalled and Bank has filed O.A before the Tribunal. The

said submission is recorded.

In that view of the matter, the appellant is permitted to move

before the Tribunal to seek any relief. We will not be justified in

interfering with this matter. The appellant is also permitted to move

the Tribunal and file securitization for seeking such relief and the WA NO. 541 OF 2024

dismissal of his challenge before this Court will not stand in the way

of seeking such relief before the Tribunal.

Accordingly, this writ is dismissed.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

M.A.ABDUL HAKHIM JUDGE SMA