Veerankutty T. M. v. The Secretary to Government, represented by the Secretary, Department of Co-operative Societies, Secretariat, Thiruvananthapuram, and others

## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ## `THE HONOURABLE MR. JUSTICE GOPINATH P.` ``` FRIDAY, THE 6[TH] DAY OF JANUARY 2023 / 16TH POUSHA, 1944 ``` ## `WP(C) NO. 3187 OF 2022` ## `PETITIONER:` ``` 1VEERANKUTTY.T.M., AGED 59 YEARS THOPPILTHODI HOUSE, KUMBALAKKODU DESOM, PAZHAYANNOOR VILLAGE, THALAPPILLY TALUK THRISSUR DISTRICT THRISSUR, PIN - 680587 BY ADVS. RENJITH B.MARAR LAKSHMI.N.KAIMAL ARUN POOMULLI SRILAKSHMI NAIR R ``` ## `RESPONDENTS:` - `1 THE SECRETARY TO GOVERNMENT, REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATIVE SOCIETIES, SECRETARIAT, THIRUVANTHAPURAM, PIN - 680003` - `2 JOINT REGISTRAR CO-OPERATIVE SOCIETIES (THRISSUR), COOPERATIVE BHAVAN, AYYANTHOL, THRISSUR, PIN - 680003` - `3 THE GENERAL MANAGER THRISSUR CO-OPERATIVE BANK, KOVILAKATHUMPADAM, THIRUVAMPADI P.O, THRISSUR, PIN - 680022` - `4 THE AUTHOURIZED OFFICER THE KERALA STATE CO-OPERATIVE BANK, TUDA ROAD, KOVILAKATHUMPADAM, THIRUVAMPADI P.O, THRISSUR, PIN - 680022` - `5 THE DEPUTY SUPERINTENDENT OF POLICE DISTRICT CRIME BRANCH, THRISSUR RURAL, DISTRICT COLLECTOR OFFICE BUILDING, AYYANTHOL, THRISSUR, PIN - 680003` - `6 SHOUKATHALI MELAEPPATVALAPPIL HOUSE, NARANIPPUZHA ROAD, CHANGARAMKULAM, MALAPPURAM, PIN - 679575` - `7 SALIM MELEPPATTUVALAPPIL HOUSE, CHALISSERY, PIN - 679536` - `8 PRADEEP BANK MANAGER, HEAD OFFICE BRANCH, THRISSUR DISTRICT COOPERATIVE BANK, THRISSUR, PIN - 680307` - `9 ANIL PAUL MANICHAYITHAN HOUSE, ANGAMALI, PIN - 683572` - `10 PRASEETHA KANADY HOUSE, MALA, THRISSUR, PIN - 680732` ``` WPC No.3187 of 2022 ``` 2 ``` BY ADVS. P.C.SASIDHARAN P.T.JOSE ``` ``` ADV. P C SASIDHARAN, STANDING COUNSEL ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WPC No.3187 of 2022 ``` 3 ## **JUDGMENT** ## **Dated this the 06[th] day of January, 2023** This writ petition has been filed seeking the following reliefs: “i. Issue a writ in the nature of Certiorari, or any other writ, order, or direction calling for the records of the case leading upto Exhibit P16 and quash the same. ii. Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction, commanding the respondent No.4 not to proceed with the recovery of the Petitioner’s property having an extent of 0.0728 Hectar in Sy.No.1155/2 situated at Pazhayannur Village, Thalappilly Taluk, Thrissur District pending consideration of Exhibit P-15 by the 2[nd] Respondent.” 2. Learned counsel appearing for the petitioner would submit that the entire action taken by the bank under the provisions of the SARFAESI Act, 2002 are illegal on account of the fact that this is case where the alleged loan transaction is vitiated by fraud. It is ``` WPC No.3187 of 2022 ``` 4 submitted that 6[th] respondent has, in collusion with the bank officials taken the loan without the knowledge and consent of the petitioner by mortgaging the property of the petitioner. It is submitted that as far as the relief No.2 is concerned, the same may no longer be maintainable on account of the judgment of this Court in the connected writ petition namely W.P(C.) No.24960/2020 where this Court has come to the conclusion that the proceedings before the adjudicating authorities under the Co-operative Societies Act cannot bar the proceedings initiated by the bank under the provisions of the SARFAESI Act. Insofar as the 1[st] prayer is concerned, the learned counsel relies on the findings of the Hon'ble Supreme Court in **Mardia Chemicals Ltd and others v. Union of India and others [2004 (4) SCC 311]** and in particular to paragraphs 50 and 51 of the judgment to contend that where fraud is alleged, the provisions of Section ``` WPC No.3187 of 2022 ``` 5 34 may not bar the petitioner from contending that the entire transaction is vitiated by fraud and therefore the proceedings cannot be continued against the petitioner. 3. Learned counsel appearing for the respondent bank would submit that the 1[st] prayer sought for in the writ petition is to quash the proceedings before the Chief Judicial Magistrate Court, Thrissur under Section 14 of the SARFAESI Act. It is submitted that it is settled law that the proceedings before the Chief Judicial Magistrate Court under Section 14 of the SARFAESI Act are ministerial and there is no adjudication whatsoever of the rights and liabilities of the parties in proceedings under Section 14. It is submitted that if the petitioner has any grievance in the matter of an order issued by the Chief Judicial Magistrate Court under Section 14 of the SARFAESI Act, the remedy of the petitioner lies in approaching the Tribunal under Section 17 of the SARFAESI Act. ``` WPC No.3187 of 2022 ``` 6 4. Learned counsel appearing for the petitioner would submit that the jurisdiction of the Tribunal under Section 17 of the SARFAESI Act may be ousted when the case of fraud is alleged especially in the light of the findings rendered by the Hon'ble Supreme Court in **Mardia Chemicals Ltd. and others** (Supra). 5. Having heard the learned counsel for the petitioner and the learned counsel appearing for the respondent bank, I am of the view that the learned counsel appearing for the respondent bank is correct in contending that the 1[st] prayer (which is the only prayer now subsisting) in the writ petition cannot be granted. The proceedings before the learned Magistrate under Section 14 of the SARFAESI Act are ministerial acts and there is no adjudication of the rights of the parties. The learned Magistrate only assists the bank in taking possession of the secured asset under Section 14 of the SARFAESI Act. The ``` WPC No.3187 of 2022 ``` 7 remedy of a person aggrieved by any proceeding initiated under Section 14 would be to file a Securitisation Application under Section 17 of the SARFAESI Act. Paragraph Nos.50 and 51 of the judgment in **Mardia Chemicals Ltd. and others** (Supra) read as under: “50. It has also been submitted that an appeal is entertainable before the Debt Recovery Tribunal only after such measures as provided in sub-section (4) of Section 13 are taken and Section 34 bars to entertain any proceeding in respect of a matter which the Debt Recovery Tribunal or the appellate Tribunal is empowered to determine. Thus before any action or measure is taken under sub-section (4) of Section 13, it is submitted by Mr. Salve one of the counsel for respondents that there would be no bar to approach the civil court. Therefore, it cannot be said no remedy is available to the borrowers. We, however, find that this contention as advanced by Shri Salve is not correct. A full reading of Section 34 shows that the jurisdiction of the civil court is barred in respect of matters which a Debt Recovery Tribunal or appellate Tribunal is empowered to determine in respect of ``` WPC No.3187 of 2022 ``` 8 any action taken "or to be taken in pursuance of any power conferred under this Act". That is to say the prohibition covers even matters which can be taken cognizance of by the Debt Recovery Tribunal though no measure in that direction has so far been taken under subsection (4) of Section 13. It is further to be noted that the bar of jurisdiction is in respect of a proceeding which matter may be taken to the Tribunal. Therefore, any matter in respect of which an action may be taken even later on, the civil court shall have no jurisdiction to entertain any proceeding thereof. The bar of civil court thus applies to all such matters which may be taken cognizance of by the Debt Recovery Tribunal, apart from those matters in which measures have already been taken under subsection (4) of Section 13. 51. However, to a very limited extent jurisdiction of the civil court can also be invoked, where for example, the action of the secured creditor is alleged to be fraudulent or their claim may be so absurd and untenable which may not require any probe, whatsoever or to say precisely to the extent the scope is permissible to bring an action in the civil court in the cases of English mortgages. We find such a scope having been recognized in the two decisions of the Madras ``` WPC No.3187 of 2022 ``` 9 High Court which have been relied upon heavily by the learned Attorney General as well appearing for the Union of India, namely V.Narasimhachariar (supra) p.135 at p.141 and 144, a judgment of the learned single Judge where it is observed as follows in para 22: The remedies of a mortgagor against the mortgagee who is acting in violation of the rights, duties and obligations are twofold in character. The mortgagor can come to the Court before sale with an injunction for staying the sale if there are materials to show that the power of sale is being exercised in a fraudulent or improper manner contrary to the terms of the mortgage. But the pleadings in an action for restraining a sale by mortgagee must clearly disclose a fraud or irregularity on the basis of which relief is sought: 'Adams v. Scott, (1859) 7 WR (Eng.) 213 (Z49). I need not point out that this restraint on the exercise of the power of sale will be exercised by Courts only under the limited circumstances mentioned above because otherwise to grant such an injunction would be to cancel one of the clauses of the deed to which both the parties had agreed and annul one of the chief securities on which persons advancing moneys on mortgages rely. (See Rashbehary ``` WPC No.3187 of 2022 ``` 10 Ghose Law of Mortgages, Vol.II, Fourth Edn., page 784). 6. A reading of the judgment in **Mardia Chemicals Ltd. and others** (Supra) and especially the paragraphs referred to by the learned counsel for the petitioner suggests that the remedy of the petitioner does not lie in challenging the order passed by the learned Magistrate under Section 14 of the SARFAESI Act, under Article 226 of the Constitution of India. Therefore, this writ petition fails and it is accordingly dismissed. **Sd/-** **GOPINATH P. JUDGE** SKP/06-01 ``` WPC No.3187 of 2022 ``` 11 ## `APPENDIX OF WP(C) 3187/2022` |`PETITIONER’S EXHIBITS:`|| |---|---| |`EXHIBIT P1`|`TRUE COPY OF THE JUDGMENT IN W.P.C NO.`| ||`38424/2015`| |`EXHIBIT P2`|`TRUE COPY OF THE FIRST INFORMATION REPORT IN`| ||`CRIME NO.397/2018 OF THE THRISSUR TOWN EAST`| ||`POLICE STATION`| |`EXHIBIT P3`|`TRUE COPY OF THE NOTICE DATED 30.07.2018 ISSUED`| ||`BY THE AUTHORIZED OFFICER`| |`EXHIBIT P4`|`TRUE COPY OF THE REPLY DATED 03.12.2018`| ||`SUBMITTED BY THE PETITIONER`| |`EXHIBIT P5`|`TRUE COPY OF THE REPLY DATED 29.01.2019 BY THE`| ||`AUTHORIZED OFFICER, THRISSUR DISTRICT CO-`| ||`OPERATIVE BANK`| |`EXHIBIT P6`|`A TRUE COPY OF THE NOTICE DATED 18.5.2019`| ||`ISSUED BY THE THRISSUR DISTRICT COOPERATIVE`| ||`BANK`| |`EXHIBIT P7`|`TRUE COPY OF THE NEWSPAPER REPORT 02.07.2019`| |`EXHIBIT P8`|`TRUE COPY OF THE NOTICE DATED 22.07.2019 ISSUED`| ||`UNDER SECTION 13 (2) OF THE SARFAESI ACT`| |`EXHIBIT P9`|`TRUE COPY OF THE REPRESENTATION PREFERRED BY`| ||`THE PETITIONER, BEFORE THE AUTHORIZED OFFICER,`| ||`THRISSUR DISTRICT COOPERATIVE BANK DATED`| ||`3.10.2019`| |`EXHIBIT P11`|`TRUE COPY OF THE OF INTIMATION DATED 07.10.2020`| ||`FROM THE OFFICE OF THE ASST. POLICE`| ||`COMMISSIONER`| |`EXHIBIT P12`|`TRUE COPY OF THE REPLY FROM GRIEVANCE REDRESSAL`| ||`IN PG PORTAL TO THE HON'BLE PRIME MINISTER OF`| ||`INDIA DATED 28.09.2020`| |`EXHIBIT P13`|`A TRUE COPY OF THENOTICE ISSUED TO THE`| ||`PETITIONER U/S 13(4) OF THE SARFAESI ACT, FOR`| ||`THE FIRST LOAN DATED 28.10.2020`| |`EXHIBIT P14`|`TRUE COPY OF THENOTICE ISSUED TO THE PETITIONER`| ||`U/S 13(4) OF THE SARFAESI ACT FOR THE SECOND`| ||`LOAN DATED 28.10.2020`| |`EXHIBIT P15`|`TRUE COPY OF THE ARBITRATION PETITION PREFERRED`| ||`BY THE PETITIONER BEFORE THE 2ND RESPONDENT`| |`EXHIBIT P16`|`TRUE COPY OF THE ORDER OF THE COURT OF THE`| ||`CHIEF JUDICIAL MAGISTRATE, THRISSUR IN CRL.`| ||`M.P. NO. 5005/2021`| |`EXHIBIT P17`|`TRUE COPY OF THE TERM-SHEET CUM - LETTER OF`| ||`INTENT ISSUED BY THE RELIANCE PROJECTS AND`| ||`PROPERTY MANAGEMENT SERVICES LTD. DATED`| ||`19.01.2022`| |`EXHIBIT P18`|`TRUE COPY OF THE RECEIPT DATED 08.07.2022`| ||`ISSUED BY THE KERALA STATE CO-OPERATIVE BANK,`| ``` WPC No.3187 of 2022 ``` 12 ``` REGIONAL OFFICE, THRISSUR SHOWING RECEIPT OF THE DEMAND DRAFT NO.941078 OF THE STATE BANK OF INDIA, PAZHAYANNUR BRANCH, DATED 25.02.2022 EXHIBIT P19TRUE COPY OF THE PHOTOGRAPHS SHOWING THE CONSTRUCTION ACTIVITIES IN THE PETITIONER'S PROPERTY EXHIBIT P20TRUE COPY OF THE INTIMATION NOTICE DATED 04.07.2022 ISSUED BY THE 4TH RESPONDENT EXHIBIT P21TRUE COPY OF THE REPLY DATED 01.09.2022 ISSUED BY THE RELIANCE PROJECTS AND PROPERTY MANAGEMENT SERVICES LTD EXHIBIT P22TRUE COPY OF THE LETTER DATED 14.09.2022 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT REQUESTING N.O.C EXHIBIT P23TRUE COPY OF THE LETTER DATED 14.09.2022 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT RESPONDENTS’ EXHIBITS: EXHIBIT R3(A) (I)EXHIBIT R3(A)(I) - THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 16.01.2018 BEFORE THE THRISSUR DISTRICT COOPERATIVE BANK EXHIBIT R3(A) (II)EXHIBIT R3(A)(II) - THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S WIFE DATED 16.01.2018 BEFORE THE THRISSUR DISTRICT COOPERATIVE BANK EXHIBIT R3(A) (III)EXHIBIT R3(A)(III) -THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S SON DATED 16.01.2018 BEFORE THE THRISSUR DISTRICT COOPERATIVE BANK EXHIBIT R3(A) (IV)EXHIBIT R3(A)(IV) -THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S SON DATED NIL BEFORE THE THRISSUR DISTRICT COOPERATIVE BANK EXHIBIT R3(B) (I)EXHIBIT R3(B)(I) - TRUE COPY OF THE LOAN SANCTIONING ORDER NO. LAZ/SL/PZR/33/2017-18 DATED 21.01.2018 ISSUED TOWARDS PETITIONER'S APPLICATION EXHIBIT R3(B) (II)EXHIBIT R3(B)(II) - TRUE COPY OF THE LOAN SANCTIONING ORDER NO. LAZ/SL/PZR/34/2017-18 DATED 21.01.2018 ISSUED TOWARDS PETITIONER'S WIFE'S APPLICATION EXHIBIT R3(B)(IV)EXHIBIT R3(B) (IV)- TRUE COPY OF THE LOAN SANCTIONING ORDER NO. LA(3) /SL/PZR/1692/2015- 16 DATED 28.01.2016 ISSUED TOWARDS PETITIONER'S YOUNGER SON'S EXHIBIT R3(B) (III)EXHIBIT R3(B)(III) - TRUE COPY OF THE LOAN SANCTIONING ORDER NO. LAZ/SL/PZR/35/2017-18 DATED 21.01.2018 ISSUED TOWARDS PETITIONER'S SON'S APPLICATION ``` ``` WPC No.3187 of 2022 ``` 13 ``` EXHIBIT R3(C) (I)EXHIBIT R3(C) (I): TRUE COPY OF THE 13(2) NOTICE ISSUED ON 22/07/2019 ON PETITIONER'S LOAN ACCOUNT EXHIBIT R3(C) (II)EXHIBIT R3(C)(II): TRUE COPY OF THE 13(2) NOTICE ISSUED ON 22.07.2019 ON PETITIONER'S WIFE'S LOAN ACCOUNT EXHIBIT R3(C) (IV)EXHIBIT R3(C)(IV): TRUE COPY OF THE 13(2) NOTICE ISSUED ON 14.08.2019 ON PETITIONER'S SON'S LOAN ACCOUNT EXHIBIT R3(D)EXHIBIT R3(D): TRUE COPY OF THE NOTICE FOR TAKING POSSESSION OF THE PROPERTY AS PROVIDED UNDER S. 13(4) DATED 28.10.2020 EXHIBIT R3(C) (III)EXHIBIT R3(C)(III): TRUE COPY OF THE 13(2) NOTICE ISSUED ON 01.08.2019 ON PETITIONER'S SON'S LOAN ACCOUNT ``` ``` EXHIBIT R3(A) (I)EXHIBIT R3(A)(I) - THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 16.01.2018 BEFORE THE THRISSUR DISTRICT COOPERATIVE BANK ``` ``` EXHIBIT R3(A) (III)EXHIBIT R3(A)(III) -THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S SON DATED 16.01.2018 BEFORE THE THRISSUR DISTRICT COOPERATIVE BANK ``` ``` EXHIBIT R3(A) (II)EXHIBIT R3(A)(II) - THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S WIFE DATED 16.01.2018 BEFORE THE THRISSUR DISTRICT COOPERATIVE BANK ``` ``` EXHIBIT R3(A) (IV)EXHIBIT R3(A)(IV) -THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S SON DATED NIL BEFORE THE THRISSUR DISTRICT COOPERATIVE BANK EXHIBIT R3(B) (I)EXHIBIT R3(B)(I) - TRUE COPY OF THE LOAN SANCTIONING ORDER NO. LAZ/SL/PZR/33/2017-18 DATED 21.01.2018 ISSUED TOWARDS PETITIONER'S APPLICATION ``` ``` EXHIBIT R3(B) (II)EXHIBIT R3(B)(II) - TRUE COPY OF THE LOAN SANCTIONING ORDER NO. LAZ/SL/PZR/34/2017-18 DATED 21.01.2018 ISSUED TOWARDS PETITIONER'S WIFE'S APPLICATION ``` ``` EXHIBIT R3(B) (III)EXHIBIT R3(B)(III) - TRUE COPY OF THE LOAN SANCTIONING ORDER NO. LAZ/SL/PZR/35/2017-18 DATED 21.01.2018 ISSUED TOWARDS PETITIONER'S SON'S APPLICATION ``` ``` EXHIBIT R3(B)(IV)EXHIBIT R3(B) (IV)- TRUE COPY OF THE LOAN SANCTIONING ORDER NO. LA(3) /SL/PZR/1692/2015- 16 DATED 28.01.2016 ISSUED TOWARDS PETITIONER'S YOUNGER SON'S ``` ``` EXHIBIT R3(C) (I)EXHIBIT R3(C) (I): TRUE COPY OF THE 13(2) NOTICE ISSUED ON 22/07/2019 ON PETITIONER'S ``` ``` WPC No.3187 of 2022 ``` 14 ``` LOAN ACCOUNT ``` ``` EXHIBIT R3(C) (II)EXHIBIT R3(C)(II): TRUE COPY OF THE 13(2) NOTICE ISSUED ON 22.07.2019 ON PETITIONER'S WIFE'S LOAN ACCOUNT EXHIBIT R3(C) (IV)EXHIBIT R3(C)(IV): TRUE COPY OF THE 13(2) NOTICE ISSUED ON 14.08.2019 ON PETITIONER'S SON'S LOAN ACCOUNT EXHIBIT R3(D)EXHIBIT R3(D): TRUE COPY OF THE NOTICE FOR TAKING POSSESSION OF THE PROPERTY AS PROVIDED UNDER S. 13(4) DATED 28.10.2020 EXHIBIT R3(C) (III)EXHIBIT R3(C)(III): TRUE COPY OF THE 13(2) NOTICE ISSUED ON 01.08.2019 ON PETITIONER'S SON'S LOAN ACCOUNT ``` ``` EXHIBIT R3(A) (I)EXHIBIT R3(A)(I) - THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 16.01.2018 BEFORE THE THRISSUR DISTRICT COOPERATIVE BANK ``` ``` EXHIBIT R3(A) (II)EXHIBIT R3(A)(II) - THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S WIFE DATED 16.01.2018 BEFORE THE THRISSUR DISTRICT COOPERATIVE BANK ``` - `EXHIBIT R3(A) (IV) EXHIBIT R3(A)(IV) -THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S SON DATED NIL BEFORE THE THRISSUR DISTRICT COOPERATIVE BANK` ``` EXHIBIT R3(B) (I)EXHIBIT R3(B)(I) - TRUE COPY OF THE LOAN SANCTIONING ORDER NO. LAZ/SL/PZR/33/2017-18 DATED 21.01.2018 ISSUED TOWARDS PETITIONER'S APPLICATION ``` ``` EXHIBIT R3(B) (II)EXHIBIT R3(B)(II) - TRUE COPY OF THE LOAN SANCTIONING ORDER NO. LAZ/SL/PZR/34/2017-18 DATED 21.01.2018 ISSUED TOWARDS PETITIONER'S WIFE'S APPLICATION ``` - `EXHIBIT R3(B) (III) EXHIBIT R3(B)(III) - TRUE COPY OF THE LOAN SANCTIONING ORDER NO. LAZ/SL/PZR/35/2017-18 DATED 21.01.2018 ISSUED TOWARDS PETITIONER'S SON'S APPLICATION` ``` EXHIBIT R3(B)(IV)EXHIBIT R3(B) (IV)- TRUE COPY OF THE LOAN SANCTIONING ORDER NO. LA(3) /SL/PZR/1692/2015- 16 DATED 28.01.2016 ISSUED TOWARDS PETITIONER'S YOUNGER SON'S ``` ``` EXHIBIT R3(C) (I)EXHIBIT R3(C) (I): TRUE COPY OF THE 13(2) NOTICE ISSUED ON 22/07/2019 ON PETITIONER'S LOAN ACCOUNT EXHIBIT R3(C) (II)EXHIBIT R3(C)(II): TRUE COPY OF THE 13(2) NOTICE ISSUED ON 22.07.2019 ON PETITIONER'S WIFE'S LOAN ACCOUNT ``` ``` EXHIBIT R3(C) (IV)EXHIBIT R3(C)(IV): TRUE COPY OF THE 13(2) NOTICE ISSUED ON 14.08.2019 ON PETITIONER'S ``` ``` WPC No.3187 of 2022 ``` 15 ``` SON'S LOAN ACCOUNT ``` ``` EXHIBIT R3(D)EXHIBIT R3(D): TRUE COPY OF THE NOTICE FOR TAKING POSSESSION OF THE PROPERTY AS PROVIDED UNDER S. 13(4) DATED 28.10.2020 EXHIBIT R3(C) (III)EXHIBIT R3(C)(III): TRUE COPY OF THE 13(2) NOTICE ISSUED ON 01.08.2019 ON PETITIONER'S SON'S LOAN ACCOUNT EXHIBIT R3(A) (III)EXHIBIT R3(A)(III) -THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S SON DATED 16.01.2018 BEFORE THE THRISSUR DISTRICT COOPERATIVE BANK ``` ``` EXHIBIT R3(A) (I)EXHIBIT R3(A)(I) - THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 16.01.2018 BEFORE THE THRISSUR DISTRICT COOPERATIVE BANK ``` ``` EXHIBIT R3(A) (IV)EXHIBIT R3(A)(IV) -THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S SON DATED NIL BEFORE THE THRISSUR DISTRICT COOPERATIVE BANK ``` ``` EXHIBIT R3(B) (I)EXHIBIT R3(B)(I) - TRUE COPY OF THE LOAN SANCTIONING ORDER NO. LAZ/SL/PZR/33/2017-18 DATED 21.01.2018 ISSUED TOWARDS PETITIONER'S APPLICATION ``` - `EXHIBIT R3(B) (II) EXHIBIT R3(B)(II) - TRUE COPY OF THE LOAN SANCTIONING ORDER NO. LAZ/SL/PZR/34/2017-18 DATED 21.01.2018 ISSUED TOWARDS PETITIONER'S WIFE'S APPLICATION` ``` EXHIBIT R3(B) (III)EXHIBIT R3(B)(III) - TRUE COPY OF THE LOAN SANCTIONING ORDER NO. LAZ/SL/PZR/35/2017-18 DATED 21.01.2018 ISSUED TOWARDS PETITIONER'S SON'S APPLICATION EXHIBIT R3(B)(IV)EXHIBIT R3(B) (IV)- TRUE COPY OF THE LOAN SANCTIONING ORDER NO. LA(3) /SL/PZR/1692/2015- 16 DATED 28.01.2016 ISSUED TOWARDS PETITIONER'S YOUNGER SON'S ``` - `EXHIBIT R3(C) (I) EXHIBIT R3(C) (I): TRUE COPY OF THE 13(2) NOTICE ISSUED ON 22/07/2019 ON PETITIONER'S LOAN ACCOUNT` ``` EXHIBIT R3(C) (II)EXHIBIT R3(C)(II): TRUE COPY OF THE 13(2) NOTICE ISSUED ON 22.07.2019 ON PETITIONER'S WIFE'S LOAN ACCOUNT EXHIBIT R3(C) (IV)EXHIBIT R3(C)(IV): TRUE COPY OF THE 13(2) NOTICE ISSUED ON 14.08.2019 ON PETITIONER'S SON'S LOAN ACCOUNT EXHIBIT R3(D)EXHIBIT R3(D): TRUE COPY OF THE NOTICE FOR TAKING POSSESSION OF THE PROPERTY AS PROVIDED UNDER S. 13(4) DATED 28.10.2020 EXHIBIT R3(C) (III)EXHIBIT R3(C)(III): TRUE COPY OF THE 13(2) NOTICE ISSUED ON 01.08.2019 ON PETITIONER'S ``` ``` WPC No.3187 of 2022 ``` 16 ``` SON'S LOAN ACCOUNT ``` ``` EXHIBIT R3(A) (III)EXHIBIT R3(A)(III) -THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S SON DATED 16.01.2018 BEFORE THE THRISSUR DISTRICT COOPERATIVE BANK EXHIBIT R3(A) (II)EXHIBIT R3(A)(II) - THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S WIFE DATED 16.01.2018 BEFORE THE THRISSUR DISTRICT COOPERATIVE BANK EXHIBIT R3(A) (I)EXHIBIT R3(A)(I) - THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 16.01.2018 BEFORE THE THRISSUR DISTRICT COOPERATIVE BANK EXHIBIT R3(B) (I)EXHIBIT R3(B)(I) - TRUE COPY OF THE LOAN SANCTIONING ORDER NO. LAZ/SL/PZR/33/2017-18 DATED 21.01.2018 ISSUED TOWARDS PETITIONER'S APPLICATION EXHIBIT R3(B) (II)EXHIBIT R3(B)(II) - TRUE COPY OF THE LOAN SANCTIONING ORDER NO. LAZ/SL/PZR/34/2017-18 DATED 21.01.2018 ISSUED TOWARDS PETITIONER'S WIFE'S APPLICATION EXHIBIT R3(B) (III)EXHIBIT R3(B)(III) - TRUE COPY OF THE LOAN SANCTIONING ORDER NO. LAZ/SL/PZR/35/2017-18 DATED 21.01.2018 ISSUED TOWARDS PETITIONER'S SON'S APPLICATION EXHIBIT R3(B)(IV)EXHIBIT R3(B) (IV)- TRUE COPY OF THE LOAN SANCTIONING ORDER NO. LA(3) /SL/PZR/1692/2015- 16 DATED 28.01.2016 ISSUED TOWARDS PETITIONER'S YOUNGER SON'S EXHIBIT R3(C) (I)EXHIBIT R3(C) (I): TRUE COPY OF THE 13(2) NOTICE ISSUED ON 22/07/2019 ON PETITIONER'S LOAN ACCOUNT EXHIBIT R3(C) (II)EXHIBIT R3(C)(II): TRUE COPY OF THE 13(2) NOTICE ISSUED ON 22.07.2019 ON PETITIONER'S WIFE'S LOAN ACCOUNT EXHIBIT R3(C) (IV)EXHIBIT R3(C)(IV): TRUE COPY OF THE 13(2) NOTICE ISSUED ON 14.08.2019 ON PETITIONER'S SON'S LOAN ACCOUNT EXHIBIT R3(D)EXHIBIT R3(D): TRUE COPY OF THE NOTICE FOR TAKING POSSESSION OF THE PROPERTY AS PROVIDED UNDER S. 13(4) DATED 28.10.2020 EXHIBIT R3(C) (III)EXHIBIT R3(C)(III): TRUE COPY OF THE 13(2) NOTICE ISSUED ON 01.08.2019 ON PETITIONER'S SON'S LOAN ACCOUNT EXHIBIT R3(A) (III)EXHIBIT R3(A)(III) -THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S SON DATED 16.01.2018 BEFORE THE THRISSUR DISTRICT COOPERATIVE BANK EXHIBIT R3(A) (II)EXHIBIT R3(A)(II) - THE TRUE COPY OF THE ``` ``` WPC No.3187 of 2022 ``` 17 ``` APPLICATION SUBMITTED BY THE PETITIONER'S WIFE DATED 16.01.2018 BEFORE THE THRISSUR DISTRICT COOPERATIVE BANK EXHIBIT R3(A) (IV)EXHIBIT R3(A)(IV) -THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S SON DATED NIL BEFORE THE THRISSUR DISTRICT COOPERATIVE BANK EXHIBIT R3(A) (I)EXHIBIT R3(A)(I) - THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 16.01.2018 BEFORE THE THRISSUR DISTRICT COOPERATIVE BANK EXHIBIT R3(B) (II)EXHIBIT R3(B)(II) - TRUE COPY OF THE LOAN SANCTIONING ORDER NO. LAZ/SL/PZR/34/2017-18 DATED 21.01.2018 ISSUED TOWARDS PETITIONER'S WIFE'S APPLICATION EXHIBIT R3(B) (III)EXHIBIT R3(B)(III) - TRUE COPY OF THE LOAN SANCTIONING ORDER NO. LAZ/SL/PZR/35/2017-18 DATED 21.01.2018 ISSUED TOWARDS PETITIONER'S SON'S APPLICATION EXHIBIT R3(B)(IV)EXHIBIT R3(B) (IV)- TRUE COPY OF THE LOAN SANCTIONING ORDER NO. LA(3) /SL/PZR/1692/2015- 16 DATED 28.01.2016 ISSUED TOWARDS PETITIONER'S YOUNGER SON'S EXHIBIT R3(C) (I)EXHIBIT R3(C) (I): TRUE COPY OF THE 13(2) NOTICE ISSUED ON 22/07/2019 ON PETITIONER'S LOAN ACCOUNT EXHIBIT R3(C) (II)EXHIBIT R3(C)(II): TRUE COPY OF THE 13(2) NOTICE ISSUED ON 22.07.2019 ON PETITIONER'S WIFE'S LOAN ACCOUNT EXHIBIT R3(C) (IV)EXHIBIT R3(C)(IV): TRUE COPY OF THE 13(2) NOTICE ISSUED ON 14.08.2019 ON PETITIONER'S SON'S LOAN ACCOUNT EXHIBIT R3(D)EXHIBIT R3(D): TRUE COPY OF THE NOTICE FOR TAKING POSSESSION OF THE PROPERTY AS PROVIDED UNDER S. 13(4) DATED 28.10.2020 EXHIBIT R3(C) (III)EXHIBIT R3(C)(III): TRUE COPY OF THE 13(2) NOTICE ISSUED ON 01.08.2019 ON PETITIONER'S SON'S LOAN ACCOUNT EXHIBIT R3(A) (III)EXHIBIT R3(A)(III) -THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S SON DATED 16.01.2018 BEFORE THE THRISSUR DISTRICT COOPERATIVE BANK EXHIBIT R3(A) (II)EXHIBIT R3(A)(II) - THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S WIFE DATED 16.01.2018 BEFORE THE THRISSUR DISTRICT COOPERATIVE BANK EXHIBIT R3(A) (IV)EXHIBIT R3(A)(IV) -THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S SON DATED NIL BEFORE THE THRISSUR DISTRICT ``` ``` WPC No.3187 of 2022 ``` 18 ``` COOPERATIVE BANK ``` ``` EXHIBIT R3(B) (I) ``` ``` EXHIBIT R3(B)(I) - TRUE COPY OF THE LOAN SANCTIONING ORDER NO. LAZ/SL/PZR/33/2017-18 DATED 21.01.2018 ISSUED TOWARDS PETITIONER'S APPLICATION TRUE COPY ``` ``` P.A. TO JUDGE ```