IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 10^TH DAY OF APRIL 2023 / 20TH CHAITHRA, 1945 WP(C) NO. 12177 OF 2023 PETITIONER:

JOSE ANTONY, AGED 64 YEARS, S/O. SRI. ANTONY, RESIDING AT MALIYEKKAL KOONAN HOUSE, CHRIST COLLEGE ROAD, IRINJALAKUDA - 680121 BY ADVS.

ANIL S.RAJ K.N.RAJANI RADHIKA RAJASEKHARAN P.

ANILA PETER MUHAMMED HARIS K.K.

SIMI S. ALI SNEHA S. MENON ANN MARIA SAMUEL RESPONDENTS:

1 M/S. IRINJALAKUDA TOWN CO-OPERATIVE BANK LIMITED NO: 55 TANA SOUTH, IRINJALAKUDA - 680121 REPRESENTED BY ITS MANAGER, 2 THE AUTHORISED OFFICER, M/S. IRINJALAKUDA TOWN CO-OPERATIVE BANK LTD. NO 55, TANA SOUTH, IRINJALAKUDA, PIN - 680121 BY ADV DEVAPRASANTH.P.J.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R. RAVI, J.

--------------------------------------------

W. P. (C). No.12177 of 2023 --------------------------------------------

Dated this the 10^th day of April, 2023

JUDGMENT

The petitioner has challenged SARFAESI proceedings. The counsel for the respondents submits that the property, which was scheduled for sale, had become a non-banking asset of the Bank as early as in 2019 and that an amount of ₹21,02,56,657/- is due.

In the above circumstances, this writ petition is disposed of directing the petitioner to approach the Bank with a proposal for payment of the amounts due within 10 days from today. On receipt of the proposal, the Bank shall consider the same and inform the petitioner about the decision within one week therefrom. Coercive steps shall be kept in abeyance for a period of one month.

Sd/-

T.R. RAVI JUDGE Pn APPENDIX OF WP(C) 12177/2023 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED BEARING NO:1860/2008 OF THE IRINJALKUDA SUB REGISTRY DATED 16.5.2008 EXECUTED IN FAVOUR OF THE PETITIONER AND HIS WIFE SMT. VIJI JOSE Exhibit P2 TRUE COPY OF NOTICE BEARING NO: 101/157 B49, 158 B50, 155 B47, 157 B48-2019/BCC

170, BL 226, BCC116, BCC155 S ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER, SMT. VIJI JOSE, MR. PRINCE JOSE AND MR. JOHN UNDER SECTION 13 OF THE SARFESI' ACT READ WITH RULES FRAMED THEREUNDER AND DATED 13.3.2019 Exhibit P3 TRUE COPY OF THE NOTICE ISSUED BY MS.

BRIJITHA SAJINI JOSEPH, ADVOCATE COMMISSIONER TO THE PETITIONER DATED

24.3.2023 Exhibit P4 TRUE COPY OF THE PROPERTY VALUATION REPORT PREPARED BY CHARTERED ENGINEER ER. SANOJ P VINCENT WITH RESPECT TO THE PETITIONER'S HOUSE HAVING A PLINTH AREA OF 5,750 SQ. FT SITUATED IN 24 CENTS OF LAND Exhibit P5 TRUE COPY OF THE PROPERTY VALUATION REPORT PREPARED BY CHARTERED ENGINEER ER. SANOJ P VINCENT WITH RESPECT TO THE PETITIONER'S COMMERCIAL BUILDING HAVING A PLINTH AREA OF

12,000 SQ. FT SITUATED IN 12.500 CENTS OF LAND Exhibit P6 TRUE COPY OF THE PROPERTY VALUATION REPORT PREPARED BY CHARTERED ENGINEER ER. SANOJ P VINCENT WITH RESPECT TO THE PETITIONER'S PROPERTY HAVING AN EXTENT OF 35 CENTS (MISTAKENLY SHOWN AS 31 CENTS) LYING ADJOINING TO THE COMMERCIAL BUILDING Exhibit P7 TRUE COPY OF UNIQUE DISABILITY ID BEARING NO. KL07109199001138698 ISSUED BY THE GOVERNMENT OF INDIA TO THE PETITIONER'S DAUGHTER MS. PIYA JOSE DATED 19.02.2022