Kerala High Court
Reghu K.J vs Uco Bank on 14 January, 2020
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 14TH DAY OF JANUARY 2020 / 24TH POUSHA, 1941
WP(C).No.30909 OF 2019(K)
PETITIONER:
REGHU K.J.
AGED 58 YEARS, S/O.JANARAJAN,
PLOT NO.16, PANCHAVADY COLONY,
AMBELIPADAM ROAD, JANATHA,
VYTTILA, ERNAKULAM-682 019
BY ADVS.
SRI.PRAVEEN K. JOY
SRI.E.S.SANEEJ
SRI.M.P.UNNIKRISHNAN
SMT.M.K.SAMYUKTHA
SRI.N.ABHILASH
SMT.M.R.ESHRATH BAI
SMT.BEENA JOSEPH
SMT.SREELEKHA. P
SHRI.DEEPU RAJAGOPAL
SRI.T.A.JOY
RESPONDENTS:
1 UCO BANK
REP. BY BRANCH MANAGER,
FORT KOCHI BRANCH, PIN-682 001
2 AUTHORISED OFFICER
UCO BANK, FORT KOCHI,
ERNAKULAM-682 001
SRI.DEEPAK JOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.30909 OF 2019(K)
2
ALEXANDER THOMAS, J.
===========================
W.P(C) No.30909 of 2019
===========================
Dated this the 14th day of January, 2020
JUDGMENT
The prayers in the above Writ Petition (Civil) are as follows:
"(a)To issue writ order or direction in the nature of mandamus to the respondents to keep in abeyance the further proceedings till the proposal is considered and till a final decision is taken by the appropriate authority, in the interest of justice.
(b) To issue writ order or direction in the nature of mandamus to the respondents to consider Ext.P20 request and till a final decision is taken by the appropriate authority to hold the further proceedings, in the interest of justice.
(c) To issue direction to consider the settlement proposal through mediation/adalath for reaching a settlement in the matter.
(d) To grant such other reliefs as may be deemed fit and proper by this Honourable Court for granting reasonable time to clear the liability under Ext.P18 notice or permitting private sale of portion of land, in the interest of justice."
2. Heard Sri.Praveen K.Joy, learned counsel appearing for the petitioner and Sri.Deepak Joy, learned Standing Counsel appearing for the respondents (UCO Bank).
3. Sri.Deepak Joy, learned Standing Counsel appearing for the respondents (UCO Bank) would submit on the basis of instructions of his party that the impugned sale was notified to be held on 15.11.2019. WP(C).No.30909 OF 2019(K) 3 But the sale would not take place, as there are no interested bidders and so the steps will have to be taken by the respondent-Bank to again notify the sale proceedings and therefore in view of the said subsequent developments, the prayers in the above Writ Petition (Civil) has become practically infructuous. However, Sri.Praveen K.Joy, learned counsel appearing for the petitioner that prayer Nos.(b) & (c) of the petitioner in the matter of consideration of Ext.P-2 request for permission for effecting the private sale of the subject property in terms of the rules contained in the SARFAESI Rules and also for consideration of the settlement proposal, etc. is still alive and necessary orders may be passed by this Court.
4. Without getting into the merits of the controversy in any manner, it is ordered that the competent official among the respondent will take up the matter in Ext.P-20 petition and after affording reasonable opportunity of being heard to the petitioner, may take a considered decision thereon and communicate the decision so taken to the petitioner, without much delay, preferably within a period of three weeks from the date of production of a certified copy of this judgment. Further that as regards prayer No.(c), it is for the petitioner to put WP(C).No.30909 OF 2019(K) 4 forth his proposal before the competent official among the respondents, for their consideration and it is for the said competent authority of the Bank to examine those aspects and to render a considered decision thereon, in accordance with the applicable norms.
With these observations and directions, the above Writ Petition (Civil) stands finally disposed of.
Sd/-
ALEXANDER THOMAS JUDGE vgd WP(C).No.30909 OF 2019(K) 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE PROPOSAL OF SETTLEMENT BEFORE THE BANK DATED 31.03.2017 EXHIBIT P2 THE TRUE COPY OF THE LETTER DATED 28.04.2017 EXHIBIT P3 THE TRUE COPY OF THE TAX RECEIPT DATED 27.03.17 EXHIBIT P4 THE TRUE COPY OF THE RECEIPT OF DEPARTMENT OF AGRICULTURE DEVELOPMENT AND FARMERS WELFARE BOARD DATED 27.03.2017 EXHIBIT P5 THE TRUE COPY OF THE LOCATION SKETCH EXHIBIT P6 THE TRUE PHOTOGRAPH OF JUDGMENT DATED 27.9.2013 IN WP(C) 11638/2013 OF THIS HONOURABLE COURT EXHIBIT P7 THE TRUE PHOTOCOPY OF THE ORDER DATED 16.12.2013 IN CRL.M.C NO.2533/2013 OF SESSIONS COURT, ERNAKULAM EXHIBIT P8 THE TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 10.4.2013 IN WPC 10212/2013 OF THIS HONOURABLE COURT EXHIBIT P9 THE TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 19.2.2016 IN CRL.MA 381/16 IN CRL M.C. 273/16 OF THIS HONOURABLE COURT EXHIBIT P10 THE TRUE COPY OF THE JUDGMENT IN WPC 1151/17 DATED 13.01.2017 EXHIBIT P11 THE TRUE COPY OF THE CHEQUE DATED 31.03.2017 EXHIBIT P12 THE TRUE COPY OF THE LETTER DATED 03.07.2017 WP(C).No.30909 OF 2019(K) 6 EXHIBIT P13 THE TRUE COPY OF THE JUDGMENT IN WPC 28409/18 EXHIBIT P14 THE TRUE COPY OF THE JUDGMENT IN WPC 2602/19 EXHIBIT P15 THE TRUE COPY OF THE PROPOSAL DATED 21.01.2019 EXHIBIT P16 THE TRUE COPY OF THE PROPOSAL DATED 25.01.2019 EXHIBIT P17 THE TRUE COPY OF THE PROCEEDINGS DATED 21.01.2019 IN SLP 393-394/2019 OF SUPREME COURT OF INDIA EXHIBIT P18 THE TRUE COPY OF THE NOTICE DATED 30.09.2019 EXHIBIT P19 THE TRUE COPY OF THE REPORT OF VALUATION OF IMMOVABLE PROPERTY DATED 09.11.2019 EXHIBIT P20 THE TRUE COPY OF THE REPRESENTATION BEFORE RESPONDENTS