High Court Kerala High Court

Radhakrishnan A vs Branch Manager on 9 June, 2008

Kerala High Court
Radhakrishnan A vs Branch Manager on 9 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14618 of 2008(M)


1. RADHAKRISHNAN A.,
                      ...  Petitioner

                        Vs



1. BRANCH MANAGER,
                       ...       Respondent

2. CHIEF MANAGER,

3. GENERAL MANAGER,

                For Petitioner  :SRI.S.MUHAMMED HANEEFF

                For Respondent  :SRI.M.PATHROSE MATTHAI (SR.)

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :09/06/2008

 O R D E R
                          ANTONY DOMINIC, J.

                        ===============
                     W.P.(C) NO. 14618 OF 2008 M
                    ====================


                  Dated this the 9th day of June, 2008


                              J U D G M E N T

In this writ petition, petitioner is facing proceedings under the

Securitisation and Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002. He submits that though an amount equivalent

to the loan availed of has already been paid, still for the interest liability

the Bank is initiating coercive action, which has reached the stage of

taking over possession of the mortgaged property. At that stage seeking

time for liquidating the liability by disposal of the mortgaged property,

petitioner has filed Ext.P3 to the 3rd respondent and seeks a direction to

the 3rd respondent to pass orders thereon.

2. In view of the limited nature of the relief that is sought for by

the writ petitioner, I see no reason to decline the same. Accordingly, I

direct that the 3rd respondent shall forward Ext.P3 to the 2nd respondent,

the Competent Authority to take up and consider Ext.P3, if the same has

been received and is pending. On its receipt the 2nd respondent consider

Ext.P3 and pass orders thereon, as expeditiously as possible, at any rate

within one month of production of a copy of this judgment.

WPC 14618/08

:2 :

Petitioner shall produce a copy of this judgment before the 2nd and

3rd respondents for compliance.

ANTONY DOMINIC
JUDGE
Rp