C.A.Ashraf vs The South Indian Bank
2024 Latest Caselaw 32021 Ker

Kerala High Court

C.A.Ashraf vs The South Indian Bank on 7 November, 2024

Author: D. K. Singh

Bench: D. K. Singh

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WP(C) No. 39278 OF 2024
                                               2024:KER:83649

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
             THE HONOURABLE MR. JUSTICE D. K. SINGH
THURSDAY, THE 7TH DAY OF NOVEMBER 2024/16TH KARTHIKA, 1946
                    WP(C) NO. 39278 OF 2024

PETITIONERS:

    1    C. A. ASHRAF
         AGED 54 YEARS, S/O ABDULLA MUHAMMAD,
         THAYAL HOUSE, THEKKIL P O, THEKKIL FERRY,
         KASARAGOD, PIN - 671541.

    2    BEEFATHIMA,
         AGED 46 YEARS, W/O. C A ASHRAF,
         THAYAL HOUSE, THEKKIL P O, THEKKIL FERRY,
         KASARAGOD, PIN - 671541.

         BY ADV.
             VIJAYAKUMARI

RESPONDENTS:

    1    THE SOUTH INDIAN BANK,
         REPRESENTED BY ITS MANAGING DIRECTOR,
         HEAD OFFICE, SIB HOUSE, T.B.ROAD,
         MISSION QUARTERS, TRISSUR,
         KERALA, PIN - 680001.

    2    AUTHORIZED OFFICER,
         THE SOUTH INDIAN BANK LTD, COLLECTION & RECOVERY
         DEPARTMENT, MUMBAI REGION, GROUND FLOOR,
         C BUILDING, CHITRAPUR CO OPERATIVE HOUSING
         SOCIETY, PANDURANG MARG, 27TH ROAD, ANDRA WEST,
         MUMBAI, PIN - 400050

         SRI.P.A. AUGUSTINE-SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No. 39278 OF 2024
                                                             2024:KER:83649

                             D. K. SINGH, J.
                           --------------------------
                       W.P.(C) No. 39278 of 2024
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                Dated this the 7th day of November, 2024

                                JUDGMENT

1. The present writ petition has been filed for the following

reliefs;

(i) Issue a writ of Mandamus or any other appropriate writ order or direction, quashing Ext.P2 notice and stay all further proceedings pursuant to it.

(ii) Direct the respondents to allow a breathing time to close the loan by selling the scheduled properties as their own or by way of 24 installments.

(iv) Such other reliefs this Honorable Court may deem fit and proper to grant in the facts and circumstances of the case.

2. This Court is not inclined to interfere in the ongoing

proceedings initiated by the Bank against the petitioners under the

SARFAESI Act and the Rules made thereunder to realize its

outstanding dues against the petitioner. However, the petitioner

can approach the Bank itself for appropriate reliefs and the request

of the petitioner should be considered by the Bank in right earnest.

WP(C) No. 39278 OF 2024 2024:KER:83649

With the aforesaid observation, the present writ petition is

hereby disposed of.

Sd/-

D. K. SINGH JUDGE Svn

WP(C) No. 39278 OF 2024 2024:KER:83649

APPENDIX OF WP(C) 39278/2024

PETITIONERS' EXHIBITS

EXHIBIT:-P1 TRUE COPY OF THE DEMAND NOTICE DATED 24/08/2023 ISSUED BY THE BANK TO THE PETITIONERS

EXHIBIT:-P2 TRUE COPY OF THE SALE NOTICE DATED 10/10/2024 ISSUED BY THE BANK TO THE PETITIONERS