High Court of KeralaWP(C)/7531/2015disposed of

Nakulan N.V v. Kozhikode District Co-0operative Bank No F 1635

2015-03-10Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 10TH DAY OF MARCH 2015/19TH PHALGUNA, 1936 WP(C).No. 7531 of 2015 (N) --------------------------- PETITIONER:

------------------ NAKULAN N.V AGED 45 YEARS, S/O. NANU, THAZHEMANARAMBATH HOUSE, P.O. KEEZHAL, VATAKARA, KOZHIKODE.

BY ADVS.SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS:

----------------------- 1.

KOZHIKODE DISTRICT CO-OPERATIVE BANK NO F 1635, PB NO. 503, KALLAI ROAD, KOZHIKODE REPRESENTED BY ITS SECRETARY.

THE SPECIAL SALE OFFICER, KOZHIKODE DISTRICT CO-OPERATIVE BANK NO. F 1635, PB NO. 503, KALLAI ROAD, KOZHIKODE.

BY SRI.R.SUDHISH, SC, KOZHIKODE DIST.CO.OP. BANK, LTD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 7531/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE DEMAND NOTICE ISSUED U/S.13(2) OF THE SARFAESI ACT 27.10.2014.

EXHIBIT P2 :

TRUE COPY OF THE SALE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 31.01.2015.

EXHIBIT P3 :

TRUE COPY OF THE ASWAS 2015 CIRCULAR NO. 5/2015 DATED 22.01.2015 ISSUED BY THE GOVERNMENT.

RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 7531 OF 2015 ------------------------------------ Dated this the 10th day of March, 2015

JUDGMENT

The petitioner seeks the benefit of 'Ashwas-2015' scheme. The same is benevolent to the loanees. The petitioner wants the first respondent bank to extend such benefits. 2.

The property of the petitioner is now proclaimed for sale. The sale is scheduled to take place on 13.03.2015. The petitioner wants the sale to be put off. The petitioner is eager and willing to abide by the 'Ashwas-2015' scheme. 3.

The petitioner shall deposit a sum of `50,000/- (Rupees Fifty thousand only) towards the dues. The same shall be done on or before 12.03.2015. The sale under such circumstances shall be put off for a period of two months. The entitlement of the petitioner under 'Ashwas-2015' scheme shall be considered. The same shall be done well before 28.03.2015. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd