Kerala High Court
Ajaykumar K K vs Canara Bank on 6 February, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 42980 OF 2023
PETITIONER:
AJAYKUMAR K.K.,
AGED 66 YEARS,
S/O KANNAPAN, KAREPARAMBIL HOUSE,
KANDANASSERY, KUNNAMKULAM TALUK,
THRISSUR DISTRICT, PIN - 680102
BY ADVS.
V.V.JOY
RAMAKRISHNAN M.N.
HEMANTH H.
AGNA PREM
RESPONDENTS:
1 CANARA BANK,
CHAVAKKAD BRANCH FIRST FLOOR,
KAMMU'S ARCADE ENAMAVU ROAD CHAVAKKAD,
THRISSUR DISTRICT,
REP BY ITS MANAGER, PIN - 680506
2 GENARAL MANAGER (AUTHORIZED OFFICER),
THE CANARA BANK,
CHAVAKKAD BRANCH FIRST FLOOR,
KAMMU'S ARCADE ENAMAVU ROAD CHAVAKKAD,
THRISSUR DISTRICT, PIN - 680506
BY ADVS.
GOPIKRISHNAN NAMBIAR M
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.02.2024, ALONG WITH WP(C).43028/2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.42980 & 43028/2023
:2:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 43028 OF 2023
PETITIONER:
AJAYKUMAR K.K.,
AGED 66 YEARS,
S/O KANNAPAN, KAREPARAMBIL HOUSE,
KANDANASSERY, KUNNAMKULAM TALUK,
THRISSUR DISTRICT, PIN - 680102
BY ADVS.
V.V.JOY
HEMANTH H.
RAMAKRISHNAN M.N.
AGNA PREM
RESPONDENTS:
1 CANARA BANK,
CHAVAKKAD BRANCH FIRST FLOOR,
KAMMU'S ARCADE ENAMAVU ROAD CHAVAKKAD,
THRISSUR DISTRICT,
REP BY ITS MANAGER, PIN - 680506
2 GENARAL MANAGER (AUTHORIZED OFFICER)
THE CANARA BANK, CHAVAKKAD BRANCH FIRST FLOOR,
KAMMU'S ARCADE ENAMAVU ROAD CHAVAKKAD,
THRISSUR DISTRICT, PIN - 680506
BY ADVS.
GOPIKRISHNAN NAMBIAR M
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.02.2024, ALONG WITH WP(C).42980/2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.42980 & 43028/2023
:3:
JUDGMENT
Dated this the 6th day of February, 2024
[W.P.(C) Nos.42980 and 43028 of 2023]
The petitioner, who has availed financial advance
from the Canara Bank and against whom the Bank has
invoked securitisation proceedings, has approached this
Court seeking to direct the respondent-Bank to permit the
petitioner to remit the overdue amount in 10 installments.
The petitioner also sought stay of Ext.P1 sale notice
proposing to sell the secured asset mortgaged by the
petitioner.
2. When this writ petition came up for hearing
today, the Standing Counsel submitted that the possession
of the secured asset has already been taken over by the
Bank.
3. The counsel for the petitioner submits that the
petitioner is ready to pay the amount in order to get back
the property.
W.P.(C) Nos.42980 & 43028/2023
4. Taking into consideration the facts of the case, I
am of the view that it would be proper if the petitioner
approaches the Bank itself for any arrangement/One Time
Settlement in the matter.
The writ petition is disposed of granting such
liberty.
Sd/-
N. NAGARESH
JUDGE
SR
W.P.(C) Nos.42980 & 43028/2023
APPENDIX OF WP(C) 42980/2023
PETITIONER's EXHIBITS
Exhibit P1 THE TRUE COPY OF THE NOTICE DATED
27.09.2023 ISSUED BY THE 2ND
RESPONDENT U/S 13(2) OF SARFAESI ACT
TO THE PETITIONER
W.P.(C) Nos.42980 & 43028/2023
APPENDIX OF WP(C) 43028/2023
PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE NOTICE DATED
27.09.2023 ISSUED BY THE 2ND
RESPONDENT U/S 13(2) OF SARFAESI ACT
TO THE PETITIONER
