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2019 Supreme(Ker) 564

HRISHIKESH ROY, ANIL K.NARENDRAN
Babu C. G. , S/o. Gangadharan – Appellant
Versus
The South Indian Bank Ltd – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.Praveen K. Joy, Sri.T.A.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
For the Respondent: Sri. K.K. Chandran pillai

JUDGMENT :

HRISHIKESH ROY, J.

1. Heard Sri. Praveen K. Joy, learned counsel for the appellants/writ petitioner. Sri. K. K. Chandran Pillai, the learned senior counsel appears for the South Indian Bank.

2. The appellant was a partner of M/s. Catrix Luminants & Solar Systems. The said Firm secured loan from the 1st respondent Bank. When the loan repayment could not be made by the borrowers, the Bank initiated recovery proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act [hereinafter referred to as “SARFAESI Act”].

3. Faced with the Bank's two notices for possession issued on 01.11.2017 (for the property in the resurvey No. 20/6 in the Kannambara II village of Alathur taluk and in respect of the property in the Re. Survey No. 47/6 of Vadakkencherry I village in Alathur taluk), earlier, the W.P.(C) No. 35471 of 2017 was filed by the same litigant. In that proceedings, the prayer of the borrower was to permit him to remit the outstanding loan dues, in easy installments. Accepting the said proposition of the borrower, the learned Judge disposed of the W.P.(C) No. 35471/2017 on 29.11.2017, with the following directions:

“.......

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