Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 9TH DAY OF MAY 2023 / 19TH VAISAKHA, 1945 WP(C) NO. 15374 OF 2023 PETITIONER:
NASEERA ABDUL SALAM AGED 56 YEARS W/O.ABDUL SALAM, MAMMASRAILLATH CHAMAKKALAYIL, PAY BAZAR, ERIYAD P.O., AZHIKODE, THRISSUR-680666, PROPRIETRIX GOLDEN TEA MANUFACTURES AND EXPORTER, NO.XII/223-3, 2ND FLOOR, KALACHIRA TOWER WEST NADA, KODUNGALLOOR, THRISSUR., PIN - 680664 BY ADVS.
P.SATHISAN DONA AUGUSTINE ATHUL RAJESH SHIBU B.S BIJU P.PAUL RESPONDENTS:
1 CATHOLIC SYRIAN BANK LTD ZONAL OFFICE,THRISSUR, POST BOX NO.502, ST MARY'S COLLEGE ROAD, CSB BHAVAN, THRISSUR P.O., REP BY ITS MANAGER, PIN - 680020 2 THE AUTHORISED OFFICER CATHOLIC SYRIAN BANK LTD ZONAL OFFICE,THRISSUR, POST BOX NO.502, ST MARY'S COLLEGE ROAD, CSB BHAVAN, THRISSUR P.O, PIN - 680020 3 RESERVE BANK OF INDIA BANERJI RD, ERNAKULAM NORTH, KALOOR P.O., ERNAKULAM, REP. BY ITS MANAGER, PIN - 682018 OTHER PRESENT:
SMT PARVATHI.K PP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T Dated this the 9th day of May, 2023 This Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:- 1.Issue a writ of Mandamus or such other writ or direction directing respondents 1 and 2 to permit the petitioner to remit the balance amount as per Exhibit P5 OTS in 18 EMIs or in such other mode as directed by this Hon'ble Court keeping in abeyance dispossession of petitioner from the residential building based on Exhibit P6 notice and proceedings pursuant to Exhibit P2 pending remittance of amount;
2. Issue a writ of Mandamus or such other writ or direction directing respondents 1 and 2 not to dispossess petitioner and his family from the residential building based on Exhibit P6 notice and Exhibit P2 proceedings;
3. It is humbly prayed that this Hon'ble Court may be pleased to dispense with filing of the translation of Vernacular documents;
4. Issue such other writs or directions which this Hon'ble Court may find deem
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fit and proper in the circumstances of the case and;
5. Award the costs of the proceedings to the petitioner from the respondents.” 2. Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for respondents 1 to 3.
3. It is submitted by the learned counsel appearing for the petitioner that in so far as the amount involved in this matter is concerned, the petitioner is ready to remit the same by way of instalments and the bank is ready for the said suggestion.
4. In response to the suggestion, the learned counsel appearing for the respondent Bank submitted that now the outstanding balance amount is Rs.82,00,000/- and if the petitioner is ready to deposit a sum of Rs.41,00,000/- on or before 30.05.2023 and the remaining amount by 30.06.2023, the prayer of the petitioner can be considered, to adjourn further proceedings.
5. Taking note of the submissions made by the learned
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counsel appearing for both sides, the petitioner is directed to deposit the amount, as submitted by the learned counsel appearing for the respondent Bank without fail, and on failure to effect payment of Rs.41,00,000/- on 30.05.2023 and the remaining amount on 30.06.2023, the bank is at liberty to proceed with the realization accordance with law.
Writ Petition stands disposed of as above.
Sd/- A. BADHARUDEEN JUDGE RMV
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APPENDIX OF WP(C) 15374/2023 PETITIONER EXHIBITS ExhibitP1 TRUE COPY OF GST REGISTRATION OF PETITIONER'S COMPANY VIDE REGISTRATION NO.32AKSPN9178JIZC DATED 21.09.2017 ExhibitP2 TRUE COPY OF SEC. 14 NOTICE NO.TCRZ/SAR 230/81/1906/2021 DATED 24.11.2021 ISSUED TO PETITIONER ExhibitP3 TRUE COPY OF THE INTERIM ORDER IN W.P© NO.27551 OF 2021 DATED 03.12.2021 I ExhibitP4 TRUE COPY OF THE JUDGEMENT IN W.P.(C) NO.27551 OF 2021 DATED 01.07.2022 ExhibitP5 TRUE COPY OF THE OTS LETTER NO.TCRZ/COMP/168/4156/2022-23 DATED 05.11.2022 ExhibitP6 TRUE COPY OF NOTICE OF ADVOCATE COMMISSIONER DATED 27.04.2023 RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE