High Court of KeralaWP(C)/11346/2015disposed of

George P.Tennison v. The Authorised Officer

2015-06-01Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 1ST DAY OF JUNE 2015/11TH JYAISHTA, 1937 WP(C).No. 11346 of 2015 (P) ---------------------------- PETITIONER :

---------------------- GEORGE P. TENNISON S/O. V.G.CLEETUS, AGED 56 YEARS RESIDING AT VELLAPPANATT, THAIKKAL P.O.

CHERTHALA, ALAPPUZHA DISTRICT-688 530.

BY ADV. SRI.N.RADHAKRISHNAN RESPONDENT(S) :

----------------------------

1. THE AUTHORISED OFFICER STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE BANK HOUSE, BEACH ROAD, ALAPPUZHA -688 012.

2. THE MANAGER STATE BANK OF INDIA, ARTHUNGAL BRANCH, CHERTHALA ALAPPUZHA DISTRICT.

R1 & R2 BY ADV. SRI.R.S.KALKURA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 11346 of 2015 (P) ----------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT.P1 TRUE COPY OF THE NOTICE DATED 8.1.2015.

EXT.P2 TRUE COPY OF THE POSSESSION NOTICE DATED 27.3.2015 BY THE AUTHORISED OFFICER, STATE BANK OF INDIA.

RESPONDENT(S)' EXHIBITS :

---------------------------------------------- EXT. R2(a) COPY OF THE AGREEMENT OF LOAN DATED 24.8.2007 JOINTLY EXECUTED BY THE PETITIONER AND HIS SON JITHU GEORGE IN FAVOUR OF THE BANK.

EXT. R2(b) COPY OF THE FEES STRUCTURE OF M/S. CHENNAI SCHOOL OF SHIP MANAGEMENT SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT BANK.

EXT. R2(c) COPY OF THE MEMORANDUM OF DEPOSIT OF TITLE DEEDS EXECUTED BY THE PETITIONER IN FAVOUR OF THE BANK DATED 25.8.2007.

//TRUE COPY// P.S. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

******************************************************* W.P.(C) No.11346 of 2015 ******************************************************* Dated this the 1st day of June, 2015

JUDGMENT

The petitioner's son has obtained an educational loan for studying Marine Engineering Course. The petitioner has approached this Court impugning SARFAESI proceedings. The petitioner submits that his son could not get the expected job. The petitioner seeks six months time to pay off the entire liability.

In this matter, a counter affidavit has been filed by the respondents. It is stated that more than Rs.8 lakhs is overdue and the total liability is more than Rs.14 lakhs. I am of the view, the petitioner should be given some breathing time to pay off the entire liability. Therefore, the petitioner is given four months time to pay off the entire liability. If the petitioner fails to clear the entire liability

W.P.(C) No.11346 of 2015 2 within the four months time given, the Bank is at liberty to proceed against the petitioner's property from the stage where it is stopped. Till the period of four months, no coercive steps shall be taken against the petitioner. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln