High Court Kerala High Court

Ansalan vs Authorised Officer on 13 August, 2008

Kerala High Court
Ansalan vs Authorised Officer on 13 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24537 of 2008(U)


1. ANSALAN, S/O. KARUNAKARAN NADAR,
                      ...  Petitioner
2. VINUKUMAR, S/O. -DO-,

                        Vs



1. AUTHORISED OFFICER, THIRUVANANTHAPURAM
                       ...       Respondent

2. THE MANAGER,

                For Petitioner  :SRI.R.T.PRADEEP

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :13/08/2008

 O R D E R
          THOTTATHIL B. RADHAKRISHNAN, J.
       ----------------------------------------------------------------
                W.P.(C) NO. 24537 OF 2008 (U)
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           Dated this the 13th day of August, 2008

                           J U D G M E N T

Heard the learned counsel for the petitioners and the

learned counsel for the respondents.

2. Petitioners are brothers, who availed two consumption loans

of Rs.2,00,000/- each by mortgaging the same item of property.

The outstandings have grown to be more than Rs.8,00,000/- by

now. The bank has issued a demand notice. Hence, this writ

petition.

3. The transaction is not disputed. The creation of the security

interest cannot be impeached. The total outstandings cannot be

denied. Under such circumstances, I do not find any jurisdictional

error or legal infirmity in the impugned distress action.

W.P.(C) No.24537/2008

– 2 –

Since the bank has only issued the official notice under the

SARFAESI Act, as of now, if the petitioner deposits a total amount

of Rs.2,00,000/- within a period of two weeks and a further

amount of Rs.1,00,000/- within a period of one month therefrom,

the bank will consider the request of the petitioner for deferring

further proceedings under the SARFAESI Act and to grant any

ameliorative benefits as may be available, and the repayment of

further amounts will be in terms of the decision of the bank, as

directed above. This writ petition is ordered accordingly.

THOTTATHIL B. RADHAKRISHNAN,
JUDGE

skr/14/8