Kerala High Court
Manoj Khan B vs Authorized Officer (Chief Manager), ... on 1 November, 2024
WP(C) NO. 38382 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
WP(C) NO. 38382 OF 2024
PETITIONER
MANOJ KHAN B.
AGED 45 YEARS
S/O.MUHAMMED BASHEER, RAMLAMANZIL, THULAMKONAM,
KATTUVILA, PEYAD, THIRUVANANDAPURAM, PIN - 695573
BY ADVS.
P.R.HARIKUMAR
ANANTHU S. HARI
AMEENA M.S
RESPONDENT
AUTHORIZED OFFICER (CHIEF MANAGER), HDFC BANK LTD,
P.BNO.2288
OPP.TAGORE THEATRE, VAZHUTHAKKAD,
THIRUVANANDAPURAM, PIN - 695014
OTHER PRESENT:
SMT. S.AMPILY, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 38382 OF 2024
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JUDGMENT
============
This writ petition has been filed by the petitioner
seeking the following reliefs:
"a) Direct the respondent bank not to take any
coercive action against the petitioner's property under
Exhibit P1 Advocate Commissioner's notice till considering
the request made by the petitioner to pay the due amount
in installments along with the usual EMI by issue of a writ
of mandamus or such other writ or order or direction.
b) The petitioner may be permitted to dispense
with the filing of translation of vernacular documents.
c) To grant such other relief this Court may deem
fit and proper in the interest of justice by the issue of a
writ of mandamus or such other writ or order or direction"
2. The petitioner submits that he along with his wife,
who is a co-borrower had availed a housing loan of Rs.27 lakhs
from the respondent-bank along with an insurance loan. Though
certain installments were made by the petitioner, subsequently,
there was default in paying off the amounts. Accordingly, the
Bank had initiated steps under the SARFAESI Act, whereby
Ext.P1 notice was issued by the Advocate Commissioner
appointed by the Chief Judicial Magistrate, Thiruvananthapuram,
stating that the possession will be taken on 30.10.2024, on which
date the Bank had attempted to take possession.
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3. The learned Counsel for the petitioner seeks to pay
off the amounts in installments.
4. Heard Sri.Harikumar P.V, the learned Counsel
appearing for the petitioner and Smt.SAmbily, the learned
Standing Counsel appearing for the respondent
5. The learned counsel appearing for the petitioner
submits that a purchaser has come forward to purchase the
property and that the petitioner stands by and confirms the
undertaking dated 30.10.2024 submitted by his wife Smt.Ramla
to the bank wherein it has stated that the entire outstanding
would be paid off by 20.11.2024.
6. The learned counsel appearing for the bank submits
that if the petitioner remits the entire outstanding amount by
20.11.2024 as undertaken, the bank is amenable to keep the
coercive steps in abeyance till 21.11.2024 and in case of non-
compliance the possession should be returned to the bank.
Taking note of the above, the writ petition is disposed of
with the following directions:
1) The petitioner shall clear off the entire outstanding
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amounts of Rs.31,40,276/- including charges, interests etc. if any,
on or before 20.11.2024 as undertaken by him and his wife
Smt.Ramla, who is a co-borrower.
2) All coercive steps towards sale of the property would
be kept in abeyance by the bank until 21.11.2024 so as to enable
this arrangement.
3) If the petitioner commits any default in the payments
as undertaken above, he shall hand over the possession of the
property to the Bank as undertaken and the bank shall be free to
proceed in accordance with law.
Sd/-
SYAM KUMAR V.M.
JUDGE
smm
WP(C) NO. 38382 OF 2024
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APPENDIX OF WP(C) 38382/2024
PETITIONER EXHIBITS
Exhibit - P1 TRUE COPY OF THE ADVOCATE COMMISSIONER'S
NOTICE IN M.C. NO.693/2024 ON THE FILE
OF CHIEF JUDICIAL MAGISTRATE COURT,
THIRUVANADAPURAM, DATED 18-10-2024.
Exhibit - P2 TRUE COPY OF THE LEGAL NOTICE FROM THE
RESPONDENT BANK, DATED 11-08-2023
