Kerala High Court
T.P.P. Anwar vs The Authorised Officer
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY,THE 20TH DAY OF JULY 2016/29TH ASHADHA, 1938
WP(C).No. 23153 of 2016 (T)
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PETITIONER :
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T.P.P. ANWAR
AGED 47 YEARS, S/O. AMMED HAJI,
THAZHEPUTHENPEEDIKAYIL HOUSE, MUTHUVADATHUR P.O.,
VIA PURAMERI, VADAKARATALUK,
KOZHIKODE DISTRICT-676 503.
BYADVS.SMT.P.K.PRIYA
SMT.MONCY FRANCIS
RESPONDENTS :
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1. THE AUTHORISED OFFICER
KOZHIKODE CO-OPERATIVE BANK LIMITED, HEAD OFFICE,
P.B.NO.503, CHALAPURAM P.O., KOZHIKODE-673 001.
2. KOZHIKODE DISTRICT CO-OPERATIVE BANK LIMITED
ORKATTERI BRANCH, REPRESENTED BY ITS MANAGER,
P.O.ORKATTERI, KOZHIKODE DISTRICT-673 501.
R BY SRI.R.SUDHISH, SC, KOZHIKODE DIST.CO.OP.BANK, LTD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 23153 of 2016 (T)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1 COPY OF JUDGMENT DATED 15.9.2015 IN WPC NO.27735/2015 ON THE FILES OF
THE HON'BLE HIGH COURT OF KERALA.
P2 COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT BANK DATED
3.10.2015.
P3 COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT BANK TO THE
PETITIONER DATED 14.12.2015.
RESPONDENT(S)' EXHIBITS : NIL
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/TRUE COPY/
P.A TO JUDGE
AV
A.M.SHAFFIQUE, J.
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W.P.(C).No.23153 of 2016
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Dated this the 20th day of July, 2016
J U D G M E N T
The petitioner is approaching this Court for the second time. Earlier the petitioner had filed W.P.(C).No.27735/2016. By judgment dated 15.09.2015, this Court permitted the petitioner to repay the outstanding amount due to the Bank in ten equal monthly instalments starting from 01.10.2015. According to the petitioner, though certain amounts were paid, the liability could not be settled in terms with the directions issued by this Court.
2. This writ petition is filed when the Advocate Commissioner, appointed by the Chief Judicial Magistrate, has approached the petitioner to surrender the property which is a residential building. When the matter came up for hearing on 13.07.2016, this Court by an interim order directed the Advocate Commissioner to defer taking possession of the premises by a week on condition of the petitioner remitting 3 lakhs. Learned counsel for the petitioner as well as the learned counsel for the respondent Bank submits that the petitioner had remitted the amount.
3. It is pointed out by the learned counsel for the respondent Bank that the outstanding liability would come to around 9,30,290/-.
4. Having regard to the fact that the petitioner had already been granted instalment facility in an earlier occasion, I don't think W.P.(C).No.23153 of 2016 2 that the petitioner is entitled for the very same facility again and again. However, since the petitioner had expressed bonafides to settle the liability by remitting 3 lakhs, I am of the view that the Advocate Commissioner can defer taking possession of the premises for three months from today to enable the petitioner to settle the liability. If the liability is not settled as stated above, it shall be open for the Advocate Commissioner to take possession of the premises without any further notice to the petitioner and the Bank shall proceed further in accordance with law.
Writ petition is disposed of as above.
Sd/-
A.M.SHAFFIQUE, JUDGE.
AV