Kerala High Court
Shaji Thomas vs State Bank Of Travancore on 6 September, 2016
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 6TH DAY OF SEPTEMBER 2016/15TH BHADRA, 1938
WP(C).No. 28270 of 2016 (G)
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PETITIONER(S):
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1. SHAJI THOMAS,
S/O. P.T.THOMAS, NAMBIAPARAMBIL PUTHUSSERIL HOUSE,
CHERUPUZHA, PAYYANNUR, KANNUR-670511.
2. ANIYAMMA THOMAS,
W/O. SHAJI THOMAS, NAMBIAPARAMBIL PUTHUSSERIL HOUSE,
CHERUPUZHA, PAYYANNUR, KANNUR-670511.
BY ADV. SRI.M.A.ABDUL HAKHIM
RESPONDENT(S):
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1. STATE BANK OF TRAVANCORE,
PAYYANNUR BRANCH, PAYYANNUR, KANNUR-670511,
REPRESENTED BY ITS BRANCH MANAGER.
2. CHIEF MANAGER (AUTHORIZED OFFICER)
PAYYANNUR BRANCH, PAYYANNUR,
KANNUR-670511.
3. M/S. E PROCUREMENT TECHNOLOGIES LIMITED
B 704-705, WALL STREET 2, NEAR ORIENT CLUB,
OPP. GUJARAT COLLEGE, ELLIS BRIDGE,
AHMADABAD, GUJARAT-380006.
R1,R2 BY ADVS. SRI.T.SETHUMADHAVAN (SR.)
SRI. JAYESH MOHAN KUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06-09-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
PJ
WP(C).No. 28270 of 2016 (G)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 A PHOTOSTAT COPY OF THE FAIR VALUE OF LAND IN
SY.NO. 163 OF VELLUR VILLAGE DOWNLOADED FROM THE
WEBSITE OF KERALA GOVERNMENT.
EXHIBIT P2 A PHOTOSTAT COPY OF THE NOTIFICATION ISSUED BY THE
GOVERNMENT OF KERALA.
EXHIBIT P3 A PHOTOSTAT COPY OF THE FAIR VALUE OF THE LAND IN
RE.SY.NO. 74 OF VAYAKKARA VILLAGE DOWNLOADED FROM
THE WEBSITE OF THE KERALA GOVERNMENT.
EXHIBIT P4 A PHOTOSTAT COPY OF THE NOTICE ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONERS.
EXHIBIT P5 A PHOTOSTAT COPY OF THE NOTICE ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONERS.
EXHIBIT P6 A PHOTOSTAT COPY OF THE NOTICE ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONERS.
EXHIBIT P7 A PHOTOSTAT COPY OF THE STATEMENT OF ACCOUNTS OF
THE LOAN ACCOUNT NO. 5706430400 OF THE STATE BANK
OF TRAVANCORE, PAYYANNUR BRANCH.
EXHIBIT P8 A PHOTOSTAT COPY OF THE STATEMENT OF ACCOUNTS OF
THE LOAN ACCOUNT NO. 57068430411 OF THE STATE BANK
OF TRAVANCORE, PAYYANNUR BRANCH.
EXHIBIT P9 A PHOTOSTAT COPY OF THE STATEMENT OF ACCOUNTS OF
THE LOAN ACCOUNT NO. 67036610394 OF THE STATE BANK
OF TRAVANCORE, PAYYANNUR BRANCH.
EXHIBIT P10 A PHOTOSTAT COPY OF THE STATEMENT OF ACCOUNTS OF
THE LOAN ACCOUNT NO. 67036606706 OF THE STATE BANK
OF TRAVANCORE, PAYYANNUR BRANCH.
EXHIBIT P11 A PHOTOSTAT COPY OF THE STATEMENT OF ACCOUNTS OF
THE LOAN ACCOUNT NO. 67146119399 OF THE STATE BANK
OF TRAVANCORE, PAYYANNUR BRANCH.
EXHIBIT P12 A PHOTOSTAT COPY OF THE STATEMENT OF ACCOUNTS OF
THE LOAN ACCOUNT NO. 67146119253 OF THE STATE BANK
OF TRAVANCORE, PAYYANNUR BRANCH.
EXHIBIT P13 A PHOTOSTAT COPY OF THE COUNTERFOIL ISSUED BY THE
1ST RESPONDENT FOR PAYMENT OF RS. 1 LAKH.
EXHIBIT P14 A PHOTOSTAT COPY OF THE PASSBOOK OF THE SAVINGS
BANK A/C.NO.5706849341 OF THE 1ST PETITIONER WITH
THE 1ST RESPONDENT BANK.
PJ ....2/-
..2..
WP(C).No. 28270 of 2016 (G)
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EXHIBIT P15 A PHOTOSTAT COPY OF THE E-AUCTION SALE NOTICE
ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.
EXHIBIT P16 A PHOTOSTAT COPY OF THE NOTICE ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONERS.
EXHIBIT P17 A PHOTOSTAT COPY OF THE E-AUCTION SALE NOTICE
ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.
EXHIBIT P18 A PHOTOSTAT COPY OF THE E-AUCTION NOTICE ADVERTISED
IN KANNUR EDITION OF MATHRUBHOOMI DAILY.
RESPONDENT(S)' EXHIBITS
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
A.M.SHAFFIQUE, J
* * * * * * * * * * * *
W.P.C.No.28270 of 2016
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Dated this the 6th day of September 2016
J U D G M E N T
Petitioner has approached this Court when proceedings have been taken against him under the SARFAESI Act, 2002. The secured asset of the petitioner was proclaimed for sale at 07/09/2016.
2. According to the respondent/Bank, after adjusting all the payments made, the balance amount would come to Rs.49 lakhs. Petitioner had remitted an amount of Rs.5,00,000/- as per an interim direction issued by this Court on 01/09/2016.
3. Learned counsel for the petitioner submits that though the Bank claims an amount of Rs.49 Lakhs, actually the said amount is not payable and according to the learned counsel, there is some mistake in the accounting as well. Learned counsel also seeks some time to remit the amount without prejudice to his right to challenge the amount payable to the respondent Bank.
4. Having regard to the aforesaid submission, I am of the view that some indulgence can be shown to the petitioner. However, if the petitioner has any dispute regarding the amount W.P.C.No.28270/2016 2 payable, the remedy of the petitioner is to approach the Debt Recovery Tribunal under Section 17 of the Act.
Taking into consideration, the aforesaid facts, the writ petition is disposed of as under:
i) Petitioner shall pay the balance amount with accrued interest and charges in ten equal monthly instalments starting from 15/10/2016.
ii) If the payments are made, as above, sale of the property shall be deferred.
Iii) However, if default is committed by the petitioner, it shall be open for the Bank to take further proceedings, in accordance with law.
iv) The Bank shall provide the petitioner with a statement of account, after crediting all the amounts paid by him, within a period of two weeks from today.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr