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High Court of KeralaWP(C)/22414/2015disposed of

Abdurehiman M.P. v. Uco Bank

2015-07-29Honourable Mr. Justice A.Muhamed Mustaque4 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. 22414 of 2015 (B) ---------------------------- PETITIONERS :

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1. ABDUREHIMAN M.P., S/O. MOHAMMED, AGED 63 YEARS PUTHIYAPURAYIL HOUSE, KUMARANELLOOR P.O., MUKKAM, CALICUT-673602.

2. PATHUMMA V.N., W/O. ABDUREHIMAN M.P., AGED 60 YEARS PUTHIYAPURAYIL HOUSE, KUMARANELLOOR P.O., MUKKAM, CALICUT-673602.

3. MOHAMMED AMJAS S/O. ABDUREHIMAN M.P., AGED 33 YEARS PUTHIYAPURAYIL HOUSE, KUMARANELLOOR P.O., MUKKAM, CALICUT-673602.

4. RIMJAS M.P., S/O. ABDUREHIMAN M.P., AGED 30 YEARS PUTHIYAPURAYIL HOUSE, KUMARANELLOOR P.O., MUKKAM, CALICUT-673 602.

BY ADVS.SRI.V.P.REGHURAJ SRI.V.SHYAM RESPONDENTS :

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1. UCO BANK KOZHIKODE BRANCH, JAYANTHI BUILDING, PALAYAM JUNCTION KOZHIKODE-673001, REPRESENTED BY THE BRANCH MANAGER.

2. AUTHORIZED OFFICER UCO BANK, KOZHIKODE BRANCH, JAYANTHI BUILDING PALAYAM JUNCTION, KOZHIKODE-673001.

R1 & R2 BY ADV. SRI.GEORGE KARITHANAM VARGHESE, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 22414 of 2015 (B) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1THE TRUE COPY OF THE JUDGMENT DATED 9-6-2014 IN WP(C) NO. 14449/2014 BEFORE THE HON'BLE COURT.

EXHIBIT P2THE TRUE COPY OF THE NOTICE DATED 8-6-2015 OF THE 2ND RESPONDENT.

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

A. MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P(C). No. 22414 of 2015 ------------------------------------------- Dated this the 29th day of July, 2015

J U D G M E N T

Petitioners have approached this Court earlier in WP(C) No.14449/2014 challenging SARFAESI proceeding. This Court in Ext.P1 judgment directed the petitioners' to discharge the entire liability in 10 monthly instalments. It appears that the petitioners have only paid portion of the amount ordered by this Court. Accordingly, the Bank now initiated further proceedings to dispossess the petitioners and also for sale of the property. It is challenging the above action, the petitioners have approached this Court.

2.

Since the petitioners were given sufficient time to discharge the liability as per Ext.P1 judgment, this Court does not find it necessary to interfere with the matter. However, taking note of the fact that the petitioners have already made some payments and they are prepared to settle the entire liability, within 2 months from today, it is ordered that the petitioners shall discharge the entire liability in 2 monthly instalments, the first of which shall be paid on or before 30.08.2015. The Bank is free to

WP(c). No.22414 of 2015 proceed with SARFAESI proceedings notwithstanding the directions of this Court for sale of the property. However, actual dispossession from the residential building shall be deferred in tune with the above directions. The Bank shall also free to sell the secured assets excluding the residential building, after conducting a site inspection, if that is a workable solution. Sd/- A. MUHAMED MUSTAQUE, JUDGE.

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