High Court Kerala High Court

Suresh Kumar.T.R. vs State Of Kerala Represented By The on 23 June, 2009

Kerala High Court
Suresh Kumar.T.R. vs State Of Kerala Represented By The on 23 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 15835 of 2009(Y)


1. SURESH KUMAR.T.R., S/O.RAMAN NAIR,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

2. PATHANAMTHITTA DISTRICT CO-OPERATIVE

3. AUTHORISED OFFICER, SECURITIZATION

                For Petitioner  :SRI.SAJITH KUMAR V.

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :23/06/2009

 O R D E R
                  P.R. RAMACHANDRA MENON, J.
              ........................................................................
                    W.P.(C)No. 15835 OF 2009
              .........................................................................
                     Dated this the              23rd June, 2009

                                  J U D G M E N T

The case of the petitioner is that though he happened to be

a defaulter in repaying the loan availed from the second

respondent -Co-operative Bank, earnest efforts are being made

to clear the liability by arranging funds from different sources.

The coercive steps stated as now being pursued against him,

invoking the relevant provisions under the SARFAESI Act are

sought to be intercepted by filing the present Writ Petition, also

referring to the grievances projected in Ext . P3 representation

already filed before the second respondent, seeking for scaling

down the liability to the eligible extent and to have it settled

under ‘OTS’.

2. The learned Counsel appearing for the respondent-Bank

submits that the liability of the petitioner under the two different

loans will be above Rs. Five lakhs, including interest and cost.

The learned Counsel for the Bank also submits that if the

petitioner proves his bonafides , the Bank will definitely consider

W.P.(C)No. 15835 OF 2009

2

Ext.P3 in accordance with law.

3. Considering the facts and circumstances, the petitioner

is directed to pay a sum of Rs. One lakh within three weeks and

on such an event, the second respondent shall consider Ext. P3

representation preferred by the petitioner and pass appropriate

orders thereon, after giving an opportunity of hearing to the

petitioner. On conveying the outcome of Ext.P3, the petitioner

shall clear the entire balance amount within one month there

after.

The Writ Petition is disposed of as above, making it clear

that all coercive proceedings stated as now being pursued

against the petitioner shall be kept in abeyance till such time.

P.R. RAMACHANDRA MENON,
JUDGE.

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