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2021 Supreme(Ker) 223

A.M.BADAR
Ummer, S/o. Mohammed – Appellant
Versus
Kerala Bank, Regional Office, represented by Executive Officer/Authorised Officer – Respondent


Advocates Appeared:
For the Petitioner: Sri. P. Jayaram, Shri. Gigi Pappachan, Sri. Sarath Chandran K.B.
For the Respondent: Sri. M. Sasindran, SC.

JUDGMENT :

By this writ petition, the petitioners seek the following prayers:

    (i) Declare that Exhibit.P1 notice is unlawful and premature in view of the non-consideration of Exhibit.P2 representation as provided u/s. 13(3A) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

(ii) Declare that the whole proceedings initiated by the respondent under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 are null and void;

(iii) Issue a writ of certiorari or other appropriate writ, direction order quashing Exhibit P1 notice;

(iv) Issue a writ of mandamus or other appropriate writ, direction or order, directing the respondents to consider Exhibit.P2 representation in a time bound manner;

(v) Issue a writ of mandamus or other appropriate writ, direction or order, directing the respondent to permit the petitioners to pay the defaulted arrears in 36 equal monthly installments and further regularize re-schedule the loan permitting the petitioners to repay the loan in an extended period of time.

2. Heard the learned counsel for petitioners. He argued that the 2nd petitioner is advised to undergo ren

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