High Court of KeralaWP(C)/21911/2015disposed of

R.S.Viji v. State Bank Of Travancore

2015-08-12Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 12TH DAY OF AUGUST 2015/21ST SRAVANA, 1937 WP(C).No. 21911 of 2015 (L) ---------------------------- PETITIONER(S):

--------------- R.S.VIJI MAMPAZHAKARA, PERUMPAZHUTHOOR P.O., THIRUANANTHAPURAM.

BY ADVS.SMT.SINDHU MURALEEDHARAN SMT.V.SHARMILA SMT.I.J.ANNIE RESPONDENT(S):

-------------- 1.

STATE BANK OF TRAVANCORE 2ND FLOOR, CHANDRASHEKHARAN NAIR STADIUM COMPLEX, PALAYAM, THIRUVANANTHAPURAM 695 033.

JOSEPHINE JOSHUA, PP XVIII/1042, PRAVACHAMBALAM, NEMOM P.O., THIRUVANANTHAPURAM 695 020.

R1 BY ADV. SRI.JAWAHAR JOSE, STATE BANK OF TRAVANCORE R2 BY ADVS. SMT.K.P.SANTHI SRI.R.JAYAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 21911 of 2015 (L) APPENDIX PETITIONERS' EXHIBITS EXT.P1 TRUE COPY OF THE NOTICE DATED 28.02.2014 ISSUED BY THE RESPONDENT.

EXT.P2 TRUE COPY OF THE AGREEMENT DATED 20.05.2015.

EXT.P3 TRUE COPY OF THE RECEIPT DATED 22.07.2015 RESPONDENTS' EXHIBITS EXT.R(1)(A) TRUE COPY OF THE ORDER DATED 5.5.2014 IN C.M.P.NO.426/20145 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM.

/TRUE COPY/ P. A. TO JUDGE Pn

A. MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P(C). No. 21911 of 2015 ------------------------------------------- Dated this the 12th day of August, 2015

J U D G M E N T

The petitioner claims that he was in possession of secured assets. The petitioner has been dispossessed pursuant to SARFAESI proceedings by the respondent Bank. The borrower is the 2nd respondent. Petitioner submits that he is prepared to clear the overdue amount due to the Bank and the Bank may be directed to return the possession to him.

The learned counsel for the Bank opposes the prayer of the petitioner and submits that the petitioner has no locus standi. 3.

If the petitioner is consciously making a payment, the petitioner cannot claim refund of the amount from the Bank. If at all the petitioner is entitled to claim any amount paid to the Bank he can only claim from the 2nd respondent.

Therefore, with the above observation the petitioner is free to discharge the entire liability to the Bank in 3 monthly instalments, 1st of which shall be effected on or before 30.08.2015 followed by similar instalments to be effected on or before 30.09.2015 & 30.10.2015. The Bank shall communicate the

WP(c). No.21911 of 2015 amount due to the petitioner within one week. If the petitioner clears the amount as above, the Bank shall return the possession of the building and documents to the 2nd respondent. This writ petition is disposed of.

Sd/- A. MUHAMED MUSTAQUE, JUDGE.