Leena Dunstan vs The Quilon Co-Op. Urban Bank Ltd. No. Q ...
2024 Latest Caselaw 27405 Ker

Kerala High Court

Leena Dunstan vs The Quilon Co-Op. Urban Bank Ltd. No. Q ... on 11 September, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

WA NO. 1209 OF 2024                    1

                                                       2024:KER:70410
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

  THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE

                                   &

                   THE HONOURABLE MR. JUSTICE S.MANU

   WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946

                          WA NO. 1209 OF 2024

        AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.27493 OF 2024 OF

HIGH COURT OF KERALA

APPELLANT/S:

             LEENA DUNSTAN,
             AGED 40 YEARS
             D/O. LATE DUSTAN MORRIS, RESIDING AT THUNDU PURAYIDOM,
             THEKKUMKARA, PULLICHIRA P.O., KOLLAM NOW RESIDING AT
             1ST FIGLIE DI NOSTRA SIGNORA AL MONTE CALVARIO VIA
             EAMNUELE FILIBERTO 104 00185 ROMA, ITALIA, REPRESENTED
             BY HER POWER OF ATTORNEY HOLDER NANCY FRANCIS, AGED 58
             YEARS, W/O. FRANCIS, JO NIVAS, PULLICHIRA PO, MAYYANAD,
             MAYYANAD, KOLLAM DISTRICT, PIN - 691304


            BY ADVS.
            BIJU .C. ABRAHAM
            BASIL MATHEW
            THOMAS C.ABRAHAM




RESPONDENT/S:

    1        THE QUILON CO-OP. URBAN BANK LTD. NO. Q 960
             KOLLAM, REPRESENTED BY ITS AUTHORIZED OFFICER, PIN -
             691001

    2        MANAGER, THE QUILON CO-OP. URBAN BANK LTD. NO. Q 960,
             AYATHIL BRANCH, KOLLAM, PIN - 691004
 WA NO. 1209 OF 2024               2

                                                     2024:KER:70410

          BY ADV D.P.RENU


     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11.09.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 1209 OF 2024                         3

                                                                2024:KER:70410
                                  JUDGMENT

Dated this the 11th day of September 2024

A.Muhamed Mustaque, Acg.C.J.

This is the sixth round of litigation challenging the SARFAESI

proceedings. Learned Single Judge dismissed the challenge made by

the appellant.

2. Now, the prayer of the appellant is to enable him to

discharge the liability in easy instalments. We cannot grant this

request. However, nothing prevents the bank to have an amicable

settlement with the appellant. In order to enable an amicable

settlement with the bank, we direct the bank to defer the coercive

actions till 30.09.2024. The bank is also directed to consider case of

the appellant very sympathetically.

With the above directions, this appeal stands disposed of.

sd/ A.MUHAMED MUSTAQUE ACTING CHIEF JUSTICE

sd/ S.MANU JUDGE jm/

2024:KER:70410

RESPONDENT ANNEXURES

Annexure R1(a) ORIGINAL AFFIDAVIT OF THE ADVOCATE CLERK DATED 31/08/2024