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2021 Supreme(Online)(KER) 50611

HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
THE BRANCH MANAGER – Appellant
Versus
SAIDALI HAJI N – Respondent


JUDGMENT

Dated this the 22nd day of February 2021 S.MANIKUMAR,CJ Possession notice issued under section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, dated 16.1.2020 has been challenged in W.P.(C) No.617/2021, with the following prayers:

(1) To quash Exhibit P1 possession notice and pass an order staying all further proceedings in pursuant to Exhibit P1

(2) Issue a writ of mandmus directing the appellants, not to take any coercive steps under the provisions of the SARFAESI Act, 2002.

(3) Issue a writ of mandamus directing the appellants to permit the respondent to repay the outstanding amount due in such number of installments as this Hon'ble Court directs.

2. Considering the rival submissions, writ court, by judgment dated 8 th January, 2021 in W.P.(C) No.617/2021, ordered thus:

“7. The learned counsel for the Bank at this time submits that the petitioner can be allowed to pay off the total outstanding, which is stated to be Rs.66,55,130/- as on today, along with other charges and interest, in not more than six instalments commencing from 27.01.2021.

8. The learned counsel for the petitioner says that th

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