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2023 Supreme(Online)(KER) 10153

HIGH COURT OF KERALA
ALEXANDER THOMAS, C. JAYACHANDRAN, JJ
THE AUTHORISED OFFICER, – Appellant
Versus
BIJI ULLAS, – Respondent


Advocates:
ASP.KURUP, SADCHITH.P.KURUP, SIVA SURESH C.P., ANIL RAJ, RESHMA RAJ, ADV. SRI. DILIP J. AKKARA

JUDGMENT

The instant intra-court appeal is directed against the impugned judgment rendered on 07.07.2023 by the learned Single Judge disposing of the instant W.P(C).No.22093/2023. The appellant herein is the sole respondent in the W.P(C) and the respondent herein is the sole petitioner in the W.P(C).

2. Heard Sri. Sadchith P Kurup, learned counsel appearing for the petitioner and Sri.Dilip J Akkara, learned counsel appearing for the respondent. The impugned judgment rendered by the learned Single Judge on 07.07.2023 in the above W.P(C)

reads as follows:

“The writ petition is filed to direct the respondent to permit the petitioner to pay off the overdue amount in equated monthly instalments and regularise the loan account.

2. The petitioner’s case is that she along with her husband had availed financial assistance from the respondent – Bank - by creating an equitable mortgage. Due to unforeseen circumstances, the petitioner could not pay the instalments on time. The respondent has initiated proceedings against the secured asset under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (in short, ‘Act’). The petitioner is prepared to pay of

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