IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 1581 of 2007()
1. A.SELVAN, RESIDING AT KUNDANPADAM HOUSE,
... Petitioner
Vs
1. INDIAN BANK,
... Respondent
2. THE MANAGER, INDIAN BANK,
3. THE AUTHORISED OFFICER,
For Petitioner :SRI.V.CHITAMBARESH
For Respondent :SRI.T.K.AJITH KUMAR
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN
Dated :09/07/2007
O R D E R
H.L. DATTU, C.J. & K.T. SANKARAN, J.
...................................................................................
W.A. No. 1581 OF 2007
...................................................................................
Dated this the 9th July , 2007
J U D G M E N T
H.L. Dattu, C.J.:
Aggrieved by the orders passed by the learned single Judge in W.P.
(C) 1961 of 2007 dated 24th January, 2007, the petitioner/appellant herein is
before us in this appeal.
2. In the Writ Petition filed, the petitioner had called in question Ext.P1
notice issued by the respondent-Bank in exercise of the powers under section
13(2) of the Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002.
3. The learned single Judge was of the opinion that, if for any reason,
the petitioner/appellant has any grievance with regard to Ext.P1 notice issued
by the Bank, he has a right of appeal before the Debt Recovery Tribunal. First
and foremost, we cannot take exception to the orders passed by the learned
single Judge unless the order passed is arbitrary or perverse. However,
learned counsel for the petitioner/appellant would plead the financial difficulties
faced by the petitioner/appellant and therefore suggests that the
petitioner/appellant may be given sometime to pay off the amount due to the
respondent-Bank, in five equal monthly instalments.
4. In the normal course, we would not have acceded to such a prayer
W.A. No. 1581 OF 2007
2
sought for by the petitioner/appellant before the court. But, taking into
consideration the financial difficulties of a Class IV employee working in the
Kerala State Electricity Board, we have decided to grant some instalments to
the petitioner/ appellant, to discharge the entire liability as demanded by the
respondent-Bank.
5. In view of the above, the following:
O R D E R
i) Without expressing any opinion on the correctness or otherwise
of the orders passed by the learned single Judge, the Writ Appeal is disposed
of.
ii) The affidavit filed by the petitioner/appellant, by way of an
undertaking is placed on record.
iii) The petitioner/appellant shall pay the entire amount due to the
respondent-Bank in five equal monthly instalments, without committing any
default.
iv) If, for any reason, the petitioner/appellant fails to comply with the
orders and directions issued by this court, the respondent-Bank is at liberty to
initiate appropriate proceedings, to recover the entire dues from the
petitioner/appellant.
W.A. No. 1581 OF 2007
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v) I.A.No.555 of 2007 is also disposed of.
vi) The order passed by us in this Writ Appeal, shall not be treated
as a precedent in any other case.
Ordered accordingly.
H.L. DATTU,
CHIEF JUSTICE.
K.T. SANKARAN,
JUDGE.
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