The Authorised Officer v. Jaya Murali

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 WA.No. 1317 of 2015 ---------------------------- WP(C) 13984/2015, DATED 04-06-2015 --------------------- APPELLANT(S)/RESPONDENTS:

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1. THE AUTHORISED OFFICER, STATE BANK OF TRAVANCORE, REGION IV, REGIONAL OFFICE, MAVELIKKARA.

2. STATE BANK OF TRAVANCORE, HARIPPAD BRANCH, REPRESENTED BY ITS BRANCH MANAGER.

BY ADV. SRI.R.S.KALKURA RESPONDENT(S)/PETITIONER:

-------------------------------------------- JAYA MURALI, W/O.MURALEEKRISHNAN NAIR, KARIPOLIL HOUSE, VAZHATHANAM, PALLIPAD P.O., PIN 690512.

BY SRI.T.RAJESH THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

ASHOK BHUSHAN, CJ & A.M. SHAFFIQUE, J.

================ W.A. No. 1317 of 2015 =============== Dated this, the 25th day of June, 2015

J U D G M E N T

Ashok Bhushan, CJ This is an appeal filed by the Bank against judgment dated 4th June, 2015 in W.P (C) No. 13984/2015, by which order the learned Single Judge has disposed of the writ petition directing the petitioner to deposit an amount of `50,000/- on or before 30th June, 2015 and thereafter to clear the entire over due amount in 4 equal monthly instalments with regular EMIs. Proceedings under SARFAESI Act, 2002 were initiated against the petitioner for an overdue amount of `1,57,000/-.

2.

Learned Single Judge has exercised his jurisdiction in permitting the petitioner to clear all the outstanding dues, the loan being housing loan. We do not find any ground to interfere

WA No.1317/2015 -:2:- with the said order in exercise of writ jurisdiction. Learned Single Judge has correctly exercised his discretion. Writ appeal is dismissed.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp //True Copy// PS to Judge