High Court of KeralaWP(C)/13375/2015closed

H P Shabu v. Chief Manager Sbt Shangumugham Branch

2015-05-05Honourable Smt. Justice P.V.Asha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 5TH DAY OF MAY 2015/15TH VAISAKHA, 1937 WP(C).No. 13375 of 2015 (V) ---------------------------- PETITIONER ----------- H P SHABU, AGED 49 YEARS S/O.S.P.HERIC, VAYALIL BHAVAN, KSHB EKMS NAGAR, VANCHIYOOR, THIRUVANNATHAPURAM DISTRICT. BY ADV. SRI.P.M.JOSHI RESPONDENT:

----------- CHIEF MANAGER (AUTHORISED OFFICER), STATE BANK OF TRAVANCORE, SHANGHUMUGHAM BRANCH THIRUVANANTHAPURAM.

R BY SRI.JAWAHAR JOSE, STATE BANK OF TRAVANCORE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

RKC

WP(C).No. 13375 of 2015 (V) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXT.P1 THE POSSESSION NOTICE DATED 24-1-15 ISSUED TO THE PETITIONER BY RESPONDENT EXT.P2 THE TRUE COPY OF THE REQUEST LETTER DATED 16-2-2015 OF THE PETITIONER TO RESPONDENT EXT.P3 THE TRUE COPY OF RECEIPT DATED 21-3-15 ISUSED BY THE RESPONDENT BANK TO PETITIONER EXT.P4 THE AUCTION NOTICE NIL DATED ISSUED TO THE PETITIONER BY RESPONDENT.

RESPONDENT(S)' EXHIBITS: NIL RKC TRUE COPY PA TO JUDGE

P.V.ASHA, J., W.P.(C) No.13375 of 2015 Dated this the 5th day of May, 2015

JUDGMENT

The petitioner is faced with the coercive action on account of the default committed in repayment of a housing loan availed from the respondent, on account of which proceedings under the SARFAESI Act has already initiated and now his properties are posted for sale on 8.7.2015.

2. I heard the learned counsel appearing for the petitioner as well as the learned standing counsel appearing for the respondent, who opposes the claim of the petitioner pointing out that the petitioner has already approached this Court earlier and instalment facility has granted.

3. The learned counsel for the respondent submits that over due amount as on today is 3,27,000/- (Rupees Three lakhs ₹ twenty seven thousand only). It is also submitted that subsequent to the earlier judgment the petitioner has made substantial payment.

In the light of the above submission, there shall be a

W.P.(C) No.13375 of 2015 :2:

direction to the petitioner to make payment of 50,000/- ₹ (Rupees Fifty thousand only) to the respondent before 8.5.2015, in which event the proceedings for sale shall stand stayed. The arrears of the over due amount shall be paid within three months. The petitioner shall continue to make payment of the regular installment simultaneously. In case there is any default, the respondent can continue the proceedings for recovery. The writ petition is disposed of.

P.V.ASHA, JUDGE.

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