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High Court of KeralaWP(C)/22344/2015disposed of

Indira v. Authorised Officer/Chief Manager

2015-07-29Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 29TH DAY OF JULY 2015/7TH SRAVANA, 1937 WP(C).No. 22344 of 2015 (P) ---------------------------- PETITIONER(S):

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1. INDIRA, PROPRIETOR, CHOICE SODA AND SOFT DRINKS, W/O.BALAKRISHNAN,AGED 59 YEARS, CHOLIPARAMBIL HOUSE, THAZHEKKAD P.O., THRISSUR DISTRICT.

2. BALAKRISHNAN C.V.,S/O.VELU, AGED 69 YEARS, CHOLIPARAMBIL HOUSE, THAZHEKKAD P.O., THRISSUR DISTRICT. PIN-688 001 BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S):

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1. AUTHORISED OFFICER/CHIEF MANAGER, (UNDER THE SARFAESI ACT), STATE BANK OF TRAVANCORE, CHALAKUDY BRANCH. PIN-680 307

2. THE BRANCH MANAGER, STATE BANK OF TRAVANCORE, CHALAKUDY. PIN-680 307 R1 & R2 BY SRI.T.SETHUMADHAVAN,SENIOR ADVOCATE ADVS. SRI. JAYESH MOHAN KUMAR, SC, STATE BANK OF TRAVANCORE SRI.K.JAYESH MOHANKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 22344 of 2015 (P) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

COPY OF THE NOTICE ISSUED TO THE 2ND PETITIONER DATED 20.2.15.

EXHIBIT P2.

COPY OF THE NOTICE UNDER SECTION 13(4) OF THE SARFAESI ACT DATED 17.6.15.

EXHIBIT P3.

COPY OF THE PAPER PUBLICATION DATED 21.6.15 OF THE MATHRUBHOOMI DAILY.

RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

A. MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P(C). No. 22344 of 2015 ------------------------------------------- Dated this the 29th day of July, 2015

J U D G M E N T

The petitioners availed a loan from the respondent Bank. Petitioners challenging SARFAESI proceedings have approached this Court. The only prayer before this Court is that, the petitioners may be given six months time to discharge the entire liability.

2.

Learned counsel for the Bank opposes the prayer and submits that the total liability of the petitioners is 85,60,000/-. ₹ 3.

Considering the facts and circumstances, the petitioners are given three months time from today to discharge the entire liability. If the petitioners commit default, the Bank is free to proceed against the petitioners.

This writ petition is disposed of.

Sd/- A. MUHAMED MUSTAQUE, JUDGE.

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