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2024 Supreme(Online)(KER) 33231

HIGH COURT OF KERALA
Dinesh Kumar Singh, J
RADHIKA – Appellant
Versus
AUTHORIZED OFFICER – Respondent


Advocates:
RAJESH SIVARAMANKUTTY, L.K.RAJAGOPAL

JUDGMENT

The present Writ Petition has been filed with the following prayers:

“i. To call for the records leading to Exhibit P-1 and quash the same by issuance Writ of Certiorari or any other Writ in the like nature Direction or Order ;

ii. To issue a Writ of Mandamus or any other Writ in the like nature Direction or Order commanding the 1st and 2nd respondents to permit the petitioner to regularize the home loan account No. 3480876000016 with the 2nd Respondent and permit the petitioner to discharge the arrears in installments and continue with the payment of EMIs as per the original loan schedule;

iii. Hold that the property of the Petitioner is not liable to be taken possession for eventual sale consequent to Exhibit P-1 issued by 1st respondent on account of infringement of provisions under SARFAESI Act by means of an appropriate Writ Order or Direction;

iv. to pass such other orders fit and proper in the facts and circumstances of the case and that may be prayed hereafter.”

2. The petitioner has availed a housing loan of Rs.2,00,000/- in the year 2014 from the respondent Bank.

3. Smt.Akhila Nambiar, learned Standing Counsel for the respondent Bank submits that the tenure for repaymen

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