Shefeer B.A vs The Chief Judicial Magistrate
2024 Latest Caselaw 12000 Ker

Kerala High Court

Shefeer B.A vs The Chief Judicial Magistrate on 10 May, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

W. P. (C) Nos. 18426 & 15343 of 2023

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            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
   FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
                       WP(C) NO. 18426 OF 2023
PETITIONER:

            SHEFEER B.A., AGED 36 YEARS,
            S/O BASHEER, KAITHAKONAM HOUSE, KATTAKKADA,
            VEERANAKAVU VILLAGE, KATTAKKADA TALUK,
            THIRUVANANTHAPURAM, PIN - 695572

            BY ADVS.M/S.V.G.ARUN, V.JAYA RAGI, NEERAJ
            NARAYAN,
            R.HARIKRISHNAN (KAMBISSERIL), AVANEETH S.R. &
            BHARATH VIJAYAN U.R.


RESPONDENTS:

     1      THE CHIEF JUDICIAL MAGISTRATE,
            DISTRICT COURT COMPLEX, VANCHIYOOR,
            THIRUVANANTHAPURAM - 695035 (IMPLEADED AS PER THE
            STATUTORY AUTHORITY UNDER SECTION 14 OF THE
            SARFAESI ACT).

     2      AXIS BANK,
            HAVING ITS REGISTERED OFFICE AT TRISSUR, OPPOSITE
            SAMARTHESWAR TEMPLE, NEAR LAW GARDEN, ELLIS
            BRIDGE, AHMADABAD, HAVING BRANCH OFFICE AT 2ND
            FLOOR, NIHAL COMPLEX, KARAMANA,
            THIRUVANANTHAPURAM, PIN - 695003.

     3      THE AUTHORIZED OFFICER,
            AXIS BANK, 2ND FLOOR, NIHAL COMPLEX, KARAMANA,
            THIRUVANANTHAPURAM -695003.

            SRI MADHU RADHAKRISHNAN, SC FOR AXIS BANK


      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 10.05.2024, ALONG WITH WP(C).NO.15343/2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 W. P. (C) Nos. 18426 & 15343 of 2023

                                       2



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
   FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
                       WP(C) NO. 15343 OF 2023
PETITIONER:
          SHEFEER B.A., AGED 36 YEARS,
          S/O BASHEER, KAITHAKONAM HOUSE, KATTAKKADA,
          VEERANAKAVU VILLAGE, KATTAKKADA TALUK,
          THIRUVANANTHAPURAM, PIN - 695572.

            BY ADVS.M/S.V.G.ARUN, G.SREEKUMAR (CHELUR),
            V.JAYA RAGI, R.HARIKRISHNAN (KAMBISSERIL),
            NEERAJ NARAYAN


RESPONDENTS:
    1     THE CHIEF JUDICIAL MAGISTRATE,
          DISTRICT COURT COMPLEX, VANCHIYOOR,
          THIRUVANANTHAPURAM- 695035 (IMPLEADED AS PER THE
          STATUTORY AUTHORITY UNDER SECTION 14 OF THE
          SARFAESI ACT).

     2      AXIS BANK,
            HAVING ITS REGISTERED OFFICE AT TRISHUR, OPPOSITE
            SAMARTHESWAR TEMPLE, NEAR LAW GARDEN, ELLIS
            BRIDGE, AHMADABAD, HAVING BRANCH OFFICE AT 2ND
            FLOOR, NIHAL COMPLEX, KARAMANA,
            THIRUVANANTHAPURAM - 695003, REPRESENTED BY ITS
            AUTHORIZED OFFICER.

     3      THE AUTHORIZED OFFICER,
            AXIS BANK, 2ND FLOOR, NIHAL COMPLEX, KARAMANA,
            THIRUVANANTHAPURAM - 695 003, REPRESENTED BY ITS
            AUTHORIZED OFFICER.

            SRI MADHU RADHAKRISHNAN, SC FOR AXIS
            BANKADVS.M/S.NELSON JOSEPH, M.D.JOSEPH & DEEPAK
            ASHOK KUMAR


      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 10.05.2024, ALONG WITH WP(C).NO.18426/2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 W. P. (C) Nos. 18426 & 15343 of 2023

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                 MURALI PURUSHOTHAMAN, J.
     ---------------------------------------------------------
            W. P. (C) Nos. 18426 & 15343 of 2023
     ---------------------------------------------------------
             Dated this the 10th day of May, 2024


                           JUDGMENT

The petitioner had availed a loan from the respondent

Bank. Since the petitioner had defaulted payment of

installment, certain proceedings under the SARFAESI Act

were initiated against the petitioner. When the writ petitions

came up for further consideration today, it is submitted by

the learned counsel on both sides that the Bank has

granted One Time Settlement facility to the petitioner as

per Ext.P-20.

2. The learned counsel for the petitioner submits

that the petitioner will be making the payment within one

week. It is further submitted that, once the payment is

made, the respondent Bank shall take steps to return the

documents as well as possession of the house. W. P. (C) Nos. 18426 & 15343 of 2023

3. The learned counsel for the respondent Bank

submits that the same will be done as expeditiously as

possible.

4. This is recorded and the Writ Petitions are closed.

Sd/-

MURALI PURUSHOTHAMAN, JUDGE

MMG W. P. (C) Nos. 18426 & 15343 of 2023

APPENDIX OF WP(C).NO.18426/2023

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF SETTLEMENT DEED NO. 681 OF 2002, REGISTERED AT KATTAKKADA SUB REGISTRY DATE NIL

EXHIBIT P2 THE TRUE COPY OF SALE DEED NO. 202 OF 2008, REGISTERED AT KATTAKKADA SUB REGISTRY DATE NIL

EXHIBIT P3 TRUE COPY OF SETTLEMENT DEED NO. 1275 OF 2003, REGISTERED AT KATTAKKADA SUB REGISTRY DATE NIL

EXHIBIT P4 THE TRUE COPY OF LAND TAX RECEIPT DATED 07.04.2022 ISSUED BY VEERANAKAVU VILLAGE OFFICE

EXHIBIT P5 THE TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 07.08.2018 NO. A7-6250/18 ISSUED BY POOVACHAL GRAMA PANCHAYAT

EXHIBIT P6 THE TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 05.06.2023 BEARING FILE NO.

5025601/1144/2023 ISSUED BY POOVACHAL GRAMA PANCHAYAT

EXHIBIT P7 THE TRUE COLOR PHOTOGRAPHS OF THE BUILDING BEARING DOOR NO. PP/XVI/550A DATE NIL

EXHIBIT P8 THE TRUE COPY OF BUILDING TAX RECEIPT DATED 16.02.2016 ISSUED BY POOVACHAL GRAMA PANCHAYAT

EXHIBIT P9 THE TRUE COLOR PHOTOGRAPH OF THE BUILDING BEARING DOOR NO. PP/XVI/580 DATE NIL

EXHIBIT P10 THE TRUE COPY OF MC NO. 954 OF 2022 FILED UNDER SECTION 14 OF THE SARFAESI ACT BEFORE THE LEARNED CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM DATED 16.06.2022

EXHIBIT P11 THE TRUE COPY OF NOTICE DATED 28.07.2021 ISSUED BY AXIS BANK UNDER SECTION 13(2) OF THE SARFAESI ACT

EXHIBIT P12 THE TRUE COPY OF THE ORDER DATED 23.06.2022 PASSED BY THE LEARNED CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM IN M.C NO. 954 OF 2022

EXHIBIT P13 THE TRUE COPY OF THE ORDER DATED 23.09.2022 IN CMP NO. 1732 OF 2022 IN M.C NO. 954 OF 2022 W. P. (C) Nos. 18426 & 15343 of 2023

PASSED BY THE LEARNED CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM

EXHIBIT P14 THE TRUE COPY OF THE IDENTIFICATION PLAN ISSUED BY THE VILLAGE OFFICER IDENTIFYING THE MORTGAGED PROPERTY COVERED BY EXT.P1 DOCUMENT DATE NIL

EXHIBIT P15 THE TRUE COPY OF THE PLAINT IN O.S NO. 155 OF 2023 BEFORE THE MUNSIFF COURT, NEDUMANGADU DATE NIL

EXHIBIT P16 THE TRUE COPY OF THE COMMISSION APPLICATION I.A NO. 2 OF 2023 FILED BY THE PLAINTIFF IN O.S NO. O.S NO. 155 OF 2023 BEFORE THE MUNSIFF COURT, NEDUMANGADU DATE NIL

EXHIBIT P17 A TRUE COPY OF INTERIM ORDER DATED 12.05.2023 IN WP(C) NO. 15343 OF 2023 PASSED BY THIS HON'BLE COURT

EXHIBIT P18 A TRUE COPY OF AN ORDER DATED 30.05.2023 IN CRL M.P NO. 1239 OF 2023 IN M.C NO. 954 OF 2022 PASSED BY THE CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM

EXHIBIT P19 A TRUE COPY OF ORDER DATED 30.05.2023 IN CRL M.P NO. 1239 OF 2023 IN M.C NO. 954 OF 2022 PASSED BY THE CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM

EXHIBIT P20 A TRUE COPY OF THE SETTLEMENT DATED 06.05.2024 ISSUED BY THE AXIS BANK TO THE PETITIONER

APPENDIX OF WP(C).NO.15343/2023 PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF SETTLEMENT DEED NO. 681 OF 2002, REGISTERED AT KATTAKKADA SUB REGISTRY

EXHIBIT P2 THE TRUE COPY OF SALE DEED NO. 202 OF 2008, REGISTERED AT KATTAKKADA SUB REGISTRY

EXHIBIT P3 TRUE COPY OF SETTLEMENT DEED NO. 1275 OF 2003, REGISTERED AT KATTAKKADA SUB REGISTRY

EXHIBIT P4 THE TRUE COPY OF LAND TAX RECEIPT DATED 07.04.2022 ISSUED BY VEERANAKAVU VILLAGE OFFICE

EXHIBIT P5 THE TRUE COPY OF MC NO. 954 OF 2022 FILED W. P. (C) Nos. 18426 & 15343 of 2023

UNDER SECTION 14 OF THE SARFAESI ACT BEFORE THE LEARNED CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM DATED 16.06.2022

EXHIBIT P6 THE TRUE COPY OF THE ORDER DATED 23.06.2022 PASSED BY THE LEARNED CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM IN M.C NO. 954 OF 2022

EXHIBIT P7 THE TRUE COPY OF THE ORDER DATED 23.09.2022 IN CMP NO. 1732 OF 2022 IN M.C NO. 954 OF 2022 PASSED BY THE LEARNED CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM

EXHIBIT P8 THE TRUE COPY OF THE PLAINT IN O.S NO. 155 OF 2023 BEFORE THE MUNSIFF COURT, NEDUMANGADU

EXHIBIT P9 THE TRUE COPY OF THE COMMISSION APPLICATION I.A NO. 2 OF 2023 FILED BY THE PLAINTIFF IN O.S NO. O.S NO. 155 OF 2023 BEFORE THE MUNSIFF COURT, NEDUMANGADU

EXHIBIT P10 A TRUE COPY OF THE LIST OF DOCUMENTS PLEDGED TO THE PNB HOUSING FINANCE DATED 03.05.2018

EXHIBIT P11 A TRUE COPY OF THE LOAN ACCOUNT STATEMENT ISSUED BY THE PNB HOUSING FINANCE DATED 27.05.2016

EXHIBIT P12 A TRUE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER

RESPONDENT'S EXHIBITS:

EXHIBIT R2(A) TRUE COPY OF THE JUDGMENT DATED 29/6/2022 OF THIS HON'BLE COURT IN WPC NO.25570/2021

EXHIBIT R2(B) THE TRUE COPY OF THE JUDGMENT DATED 26/8/2022

EXHIBIT R2(C) THE COPY OF THE LOCATION SKETCH AND CERTIFICATE DATED 29/11/2022 ISSUED BY THE VILLAGE OFFICER, VEERNAKAVU

EXHIBIT R2(D) THE REPORT DATED 30/11/2022 OF THE ADVOCATE COMMISSIONER ALONG WITH INVENTORY MAHAZAR IN

EXHIBIT R2(E) THE TRUE COPY OF THE JUDGMENT DATED 5/1/2023 PASSED BY THIS HON'BLE COURT IN OP (DRT) NO.

W. P. (C) Nos. 18426 & 15343 of 2023

EXHIBIT R2(F) COPY OF THE COMPLAINT FILED BY THE 3RD RESPONDENT BEFORE SHO KATTAKADA

EXHIBIT R2(G) THE TRUE COPY OF THE RECEIPT DATED 19/4/2023

EXHIBIT R2(H) THE TRUE COPY OF THE CMP NO.1239/2023 DATED