IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32274 of 2008(P)
1. P.K.ANTONY, PADIPARAMBIL HOUSE,
... Petitioner
Vs
1. VIJAYA BANK, WILLINGDON ISLAND,
... Respondent
For Petitioner :SMT.JAYASREE MANOJ
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :04/11/2008
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C) NO. 32274 OF 2008 (P)
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Dated this the 4th day of November, 2008
J U D G M E N T
When this matter is taken up today, the learned counsel for
the petitioner states that his client and certain elder persons, whom he had
inducted as tenants, have been thrown out without any homestead and that
the petitioner gives up all other contentions and he may be given one
month’s time to pay off the entire outstandings. Petitioner is also prepared
to pay a portion of the total outstandings as an immediate measure to be
put back in possession.
2. The default in the loan resulted in SARFAESI Act proceedings,
which went upto dispossession with the aid of an order under Section 14 of
that Act. Actual physical possession has been taken over and there is no
ground to put the petitioner back in possession.
Repelling all other contentions and recording the undertaking
of the writ petitioner, this writ petition is ordered directing that if the
petitioner remits an amount of Rs.75,000/- within a period of one week, he
W.P.(C) No.32274/2008
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will be put back in occupation, but not in possession as understood in law
and shall be permitted to continue in occupation for a period of one month
from today. Until that time, any further action by way of sale etc. would be
held back to give the petitioner an opportunity to pay off the entire
remaining outstandings. If the petitioner does not comply with any of the
conditions as afore-directed, the bank will be entitled to forthwith proceed
with further action.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE
skr/5/11