Kerala High Court
Pushpam P vs Canara Bank on 21 August, 2017
Author: Navaniti Prasad Singh
Bench: Navaniti Prasad Singh, V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.NAVANITI PRASAD SINGH
&
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 31ST DAY OF AUGUST 2017/9TH BHADRA, 1939
WA.No. 1795 of 2017 IN WP(C).27561/2017
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AGAINST THE JUDGMENT IN WP(C) 27561/2017 DATED 21-08-2017
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APPELLANT/PETITIONER :
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PUSHPAM P.
AGED 48 YEARS, W/O. JOHN ROSE,
NISHAD BHAVAN, CHERIYAKOLLA POST,
THIRUVANANTHAPURAM DISTRICT - 695 504.
BY ADVS.SRI.G.P.SHINOD
SRI.RAM MOHAN.G.
SRI.GOVIND PADMANAABHAN
SRI.AJIT G.ANJARLEKAR
RESPONDENTS/RESPONDENTS :
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1. CANARA BANK
REPRESENTED BY ITS CHIEF MANAGER, CIRCLE OFFICE,
M G ROAD, THIRUVANANTHAPURAM - 695 039.
2. THE AUTHORIZED OFFICER,
CANARA BANK, CIRCLE OFFICE, M.G. ROAD,
THIRUVANANTHAPURAM - 695 039.
3. THE MANAGER, CANARA BANK,
KUNNATHUKAL BRANCH, KUNNATHUKAL,
THIRUVANANTHAPURAM - 695 001.
R1 TO R3 BY SRI.PAULY MATHEW MURICKEN,SC,CANARA BANK
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
31-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Navaniti Prasad Singh, CJ
&
Raja Vijayaraghavan V, J
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W.A. No. 1795 of 2017
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Dated this the 31st day of August, 2017
J U D G M E N T
Navaniti Prasad Singh, CJ The present intra court appeal is directed against judgment dated 21.8.2017 passed by the learned Single Judge of this Court in W.P(C). No.27561 of 2017. The writ petitioner/appellant is aggrieved by direction No. (iv) in the judgment, which is quoted hereunder :
"(iv) It is made clear that on the petitioner paying the amount of Rs.6,81,264/- together with accrued interest and other charges, either within the time granted in this judgment or earlier, the respondent bank shall handover possession of the asset to the petitioner. This, however, shall be subject to the condition that, on the petitioner committing any further defaults, the petitioner will handover the possession back to the respondent bank without awaiting further orders from this Court or any direction from the respondent bank."
2. On appellant's behalf, it is contended that the Family now consists of the appellant, her 96 year old mother who has just suffered a stroke, a 24 year old daughter and a son, who has W.A.1795/17 2 just secured a job in a shipping line as a Marine Engineer. The petitioner's husband, who was a NRI has abandoned the family and that reason is highlighted to account for the default. In exercise of powers under the SARFAESI Act, on 7.8.2017 the respondent Bank has taken physical possession of the residence through court and the appellant and her family are literally living under open sky as they have no other place to go. It is submitted that they are ready to abide by all other directions of the learned Single Judge with regard to repayment. It is prayed that their possession be restored subject to the condition that if there is any default in complying with the orders of learned Single Judge, they would themselves surrender the possession to the Bank and would not then seek any indulgence from any court or authority.
3. We have heard learned counsel on both sides and with their consent we are disposing of this appeal at this stage itself.
4. In view of the limited relief sought for in this appeal and considering the facts as noted above, we grant extra ordinary indulgence in the matter and direct that no sooner the first instalment is paid, as fixed by the learned Single Judge, the Bank would forthwith restore possession to the appellant W.A.1795/17 3 subject to condition that if there is any default in future in complying with the orders of the learned Single Judge, the privilege granted by the learned Single Judge and this Court would stand forfeited and the petitioner would be liable to forthwith surrender the property to the Bank without demur and would not be entitled to seek any relief from any Court or authority thereafter. The relief granted by the learned Single Judge is accordingly modified and the appeal is disposed of in the terms aforesaid.
Sd/-
Navaniti Prasad Singh, Chief Justice Sd/-
Raja Vijayaraghavan V, Judge sou31/8.
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