IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 14129 OF 2022
PETITIONER/S:
1 DR.PRASANNA KUMAR, AGED 74 YEARS
SON OF S.DIVAKARAN (LATE), RESIDING AT DEVAKI, TC
27/1823 (1), SREE CHITIRA LANE, VANCHIYOOR P.O.,
THIRUVANANTHAPURAM,PIN-695 035
2 SMT.DEVAKI AMMA.P.P.,AGED 70 YEARS
WIFE OF D PRASANNA KUMAR, RESIDING AT DEVAKI, TC
27/1823 (1), SREE CHITIRA LANE, VANCHIYOOR P.O.,
THIRUVANANTHAPURAM, PIN-695 035
BY ADV PRAKASH P.GEORGE
RESPONDENT/S:
1 PUNJAB NATIONAL BANK
REPRESENTED BY ITS ASSISTANT GENERAL MANAGER, FIRST
FLOOR, CPGP TOWERS, UPPALAM ROAD, STATUE JUNCTION,
THIRUVANANTHAPURAM,PIN-696 001
2 THE CHIEF MANAGER,PUNJAB NATIONAL BANK, FIRST FLOOR,
CPGP TOWERS, UPPALAM ROAD, STATUE JUNCTION,
THIRUVANANTHAPURAM,PIN-696 001
3 THE CHIEF MANAGER,PUNJAB NATIONAL BANK, CIRCLE OFFICE,
NEAR KUMARICHANTHA BUS STAND, EANCHAKKAL,
THIRUVANANTHAPURAM,PIN-696 026
4 THE AUTHORISED OFFICER,PUNJAB NATIONAL BANK, FIRST
FLOOR, CPGP TOWERS, UPPALAM ROAD, STATUE JUNCTION,
THIRUVANANTHAPURAM,PIN-696 001
BY ADVS.
SAJI.P.JOSEPH
C.C.MATHEW
G.MINI (PALATH)
K.T.SAJU
A.SEENA
THANKARAJAN P.K.
DEEPESH E.S
DAYANA MATHEW
SRI. SANTHEEP ANKARA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14129 OF 2022 2
JUDGMENT
Petitioners have approached this Court challenging proceedings initiated by the respondent Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, for recovery of the amounts due from the petitioners.
2. It is settled law that the petitioners have an effective alternative remedy before the debts Recovery Tribunal and that the writ petition under Article 226 of the Constitution of India is not maintainable. Notwithstanding the above position, this Court has been entertaining the writ petitions at the instance of borrowers provided they show their bona fides for settling their liabilities .
3. This writ petition was admitted on 19.04.2022 and an interim order was granted to the petitioners on condition that they pay a sum of Rs.10 lakhs within a period of one month. It is noticed that this matter had come up before this Court thereafter on 23.05.2022, 26.05.2022, 30.05.2022, 01.06.2022, 07.06.2022 and 16.06.2022. On 16.06.2022, this Court passed the following order.
''Post on 01-07-2022.
Petitioners have given time till 03-06-2022 to deposit the amount directed to be deposited by this WP(C) NO. 14129 OF 2022 3 Court through order dated 19.04.2022. It is made clear that no further extension will be granted to the petitioners for making the aforesaid deposit.''
4. Even today, when the matter is taken up for consideration, petitioners have no case that they have complied with the interim order granted by this Court. Petitioners are therefore not entitled to any indulgence and to any discretionary relief under Article 226 of the Constitution of India. The writ petition is therefore dismissed.
Sd/-
GOPINATH P.
JUDGE ajt WP(C) NO. 14129 OF 2022 4 APPENDIX OF WP(C) 14129/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 27.04.2021 ISSUED UNDER SECTION 13 (2) OF THE SARFAESI ACT Exhibit P2 TRUE COPY OF THE SYMBOLIC POSSESSION NOTICE DATED 15.11.2021 ISSUED BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE APPLICATION FOR ONE TIME SETTLEMENT (OTS) SENT TO THE 2ND RESPONDENT BY EMAIL ON 27.11.2021 Exhibit P4 TRUE COPY OF THE APPLICATION FOR ONE TIME SETTLEMENT (OTS) SENT TO THE 3RD RESPONDENT BY EMAIL ON 27.11.2021 Exhibit P5 TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT WHICH IS WRONGLY DATED AS 02.07.2021 Exhibit P6 TRUE COPY OF THE POSSESSION NOTICE DATED 10.04.2022 ISSUED BY THE ADVOCATE COMMISSIONER Exhibit P7 TRUE COPY OF THE AGREEMENT FOR SALE DATED 16.04.2022 EXECUTED BY 2ND PETITIONER AND THE PROSPECTIVE PURCHASER