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High Court of KeralaWP(C)/21066/2015disposed of

N.K.Krishnan Kutty v. Kozhikode District Co Operative Bank Ltd.

2015-07-15Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 15TH DAY OF JULY 2015/24TH ASHADHA, 1937 WP(C).No. 21066 of 2015 (G) ---------------------------- PETITIONER:

------------------- N.K.KRISHNANKUTTY, S/O.UNNIKANNA, AGED 48 YEARS, KIZHAKKE THONIYOT HOUSE, P.O.PANNIKKOTTOOR, KODUVALLY, KOZHIKODE.

BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S):

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

1. KOZHIKODE DISTRICT CO OPERATIVE BANK LTD., REPRESENTED BY ITS SECRETARY, HEAD OFFICE, P.B.NO.503, P.O.CHALAPPURAM, KOZHIKODE, PIN - 673 002.

2. AUTHORISED OFFICER/SENIOR MANAGER, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, P.B.NO.503, P.O.CHALAPPURAM, KOZHIKODE, PIN - 673 002.

3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOZHIKODE, PIN - 673 001.

R1 & R2 BY SRI.R.SUDHISH, SC R3 BY GOVERNMENT PLEADER SMT.M.T.SHEEBA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 21066 of 2015 (G) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1.

TRUE COPY OF LATEST TAX RECEIPT DATED 22.05.2015 OF THE PETITIONER'S PROPERTY.

EXHIBIT P2.

TRUE COPY OF DEMAND NOTICE NO.HO:R.CELL/SARFAESI/610/NKN/CLD 2011-12 DATED 03.10.2011 ISSUED UNDER SECTION 13(2) OF THE SARFAESI ACT ISSUED BY THE RESPONDENT TO THE PETITIONER.

EXHIBIT P3.

TRUE COPY OF POSSESSION NOTICE NO.HO.R.CELL/SARFAESI/610/NKN/CLD 742/11-12 DATED 07.06.2012 ISSUED UNDER SECTION 13(4) OF THE SAID ACT.

EXHIBIT P4.

TRUE COPY OF NOTICE DATED 13.06.2015 ISSUED BY THE BANK THROUGH ADVOCATE COMMISSIONER IN CMP NO.462 OF 2015. RESPONDENTS' EXHIBITS:

NIL.

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

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.21066 of 2015 ****************************************************************************** Dated this the 15th day of July, 2015

JUDGMENT

The petitioner availed a personal loan from the respondent Bank. The petitioner, impugning SARFAESI proceedings, has approached this Court.

2.

According to the learned counsel for the Bank, the total liability is around Rs.3,60,000/-. The petitioner submits that he is a coolie and he is unable to discharge the entire liability. The petitioner also submits that he is attempting to sell a portion of the property to recover the amount.

Considering the facts and circumstances, this writ petition is disposed of with the following directions:

i. The petitioner shall deposit Rs.25,000/- within six weeks from today.

ii.

Thereafter, the petitioner shall discharge the entire liability by depositing Rs.10,000/- every month from succeeding month onwards for a period of five months and pay the entire balance amount in lump sum in the sixth month.

W.P.(C) No.21066 of 2015 2 iii.

If the petitioner fails to comply with the above directions, the Bank is free to proceed against the petitioner in accordance with law.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln