High Court of KeralaWP(C)/21659/2015disposed of

Annamma Sunny v. The Authorised Officer

2015-07-24Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 24TH DAY OF JULY 2015/2ND SRAVANA, 1937 WP(C).No. 21659 of 2015 (F) ---------------------------- PETITIONER(S) :

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1. ANNAMMA SUNNY WIFE OF SUNNY, AGED 46 YEARS, 30/1918B MAMBRA ROAD, CHALIKKAVATTOM, ERNAKULAM KOCHI-682 019.

2. SUNNY AGED 56 YEARS, SON OF SATHYANESAN, 30/1918B MAMBRA ROAD, CHALIKKAVATTOM, ERNAKULAM KOCHI-682 019.

BY ADVS.SMT.K.S.SUMITHA SMT.M.M.JASMIN RESPONDENT(S) :

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1. THE AUTHORISED OFFICER UCO BANK, M.G.ROAD BRANCH, RAVIPURAM M.G.ROAD, ERNAKULAM-16.

2. THE BRANCH MANAGER UCO BANK, M.G.ROAD BRANCH, RAVIPURAM M.G.ROAD, ERNAKULAM-16.

R1 & R2 BY ADV. SRI.GEORGE KARITHANAM VARGHESE, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 21659 of 2015 (F) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT.P1TRUE COPY OF THE ORDER IN SA 366/2013 DATED 30.04.2013. EXT.P2TRUE COPY OF THE LETTER SHOWING THE REMITTANCE OF RS.3,00,000/- DATED 14.06.2013 ALONG WITH D.D. EXT.P3TRUE COPY OF THE CHALAN SHOWING THE REMITTANCE OF RS.3,00,000/- DATED 30.08.2013.

EXT.P4TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 20.11.2014.

EXT.P5TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 26.03.2015.

EXT.P6TRUE COPY OF THE SALE NOTICE PUBLISHED IN MATHRUBHUMI DAILY DATED 03.06.2015.

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

A. MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P(C). No. 21659 of 2015 ------------------------------------------- Dated this the 24th day of July, 2015

J U D G M E N T

The petitioners have approached the DRT impugning SARFAESI proceedings. The DRT imposed certain conditions for staying the steps being taken by the Bank. It appears that the petitioners have not fully honoured with the conditions and thereupon the Bank initiated SARFAESI proceedings. Petitioners have approached this Court challenging SARFAESI proceedings. 2.

Learned counsel for the Bank submits that, the overdue amount is around 8.87 lakhs and the total liability is ₹ around 32 lakhs.

₹ 3.

Petitioners submit that they are prepared to withdraw the Securitization Application before the DRT. 4.

In that view of the matter, following directions are issued:

(i) Petitioners shall file a memo before the DRT for withdrawing Securitization Application within 10 days from date of receipt of a copy of this judgment.

WP(c). No.21659 of 2015 (ii) Petitioners shall deposit 4 lakhs within one month from ₹ today (iii) Petitioners shall remit the balance overdue amount in 4 monthly instalments along with regular EMI from the succeeding month onwards.

(iv) If the petitioners comply with the above directions, the Bank shall regularise the account.

(v) If the petitioners fail to honour any one of the directions, the Bank is free to proceed against the petitioners. This writ petition is disposed of.

Sd/- A. MUHAMED MUSTAQUE, JUDGE.