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High Court of KeralaWP(C)/14355/2015disposed of

Jaya Sojan v. Kerala State Co-Operative Bank Ltd, And Another

2015-07-03Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 3RD DAY OF JULY 2015/12TH ASHADHA, 1937 WP(C).No. 14355 of 2015 (T) ---------------------------- PETITIONER(S):

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1. JAYA SOJAN, CHOOZHIKUNNEL HOUSE, KANJIKUZHY.P.O., IDUKKI DISTRICT.

2. SOJAN JOSEPH, CHOOZHIKUNNEL HOUSE, KANJIKUZHY.P.O., IDUKKI DISTRICT.

BY ADVS.SRI.SHAJI THOMAS SRI.BINU PAUL SRI.T.V.VINU RESPONDENT(S):

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1. KERALA STATE CO-OPERATIVE BANK LTD., REPRESENTED BY ITS MANAGER, IDUKKI BRANCH, IDUKKI DISTRICT, PIN-685 602.

2. THE AUTHORISED OFFICER, KERALA STATE CO-OPERATIVE BANK LTD., ZONAL OFFICE, ANANDI BUILDING, CHITTOOR ROAD, ERNAKULAM, KOCHI-682 035.

BY SRI.GEORGE POONTHOTTAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 14355 of 2015 (T) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- P1TRUE PHOTOCOPY OF THE NOTICE DATED 20.04.2015 ISSUED BY THE 2ND RESPONDENT.

RESPONDENTS' EXHIBITS:

NIL.

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

A.MUHAMED MUSTAQUE, J.

******************************************************* W.P.(C) No. 14355 of 2015 ******************************************************* Dated this the 3rd day of July, 2015

JUDGMENT

Petitioners, impugning SARFAESI proceedings, have approached this Court. The secured asset is a residential building with ten cents of land. This Court ascertained from the respondent Bank whether it is possible to earmark the land excluding residential house for the purpose of realisation of the loan amount. 2.

Learned counsel for the Bank submits that it is not possible to consider the request due to nature of location of the residential house.

3.

Learned counsel for the petitioners submits that the petitioners may be given some time to wipe off the entire liability. Taking into overall facts and circumstances, the petitioners shall be given three months time from today to settle the entire liability.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln