IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 7383 OF 2022
PETITIONER:
SUNDARAM HOME FINANCE LTD
SUNDARAM TOWER, 46, WHITES ROAD, CHENNAI - 600014,
REPRESENTED BY ITS AUTHORIZED OFFICER VISHNU R
BY ADVS.
SARASWATHI PALEREKEEZHIL
BASIL MATHEW
RESPONDENTS:
1 THE SUB REGISTRAR
OFFICE OF THE SUB REGISTRAR (PRINCIPAL), KOTTARAKKARA,
KOLLAM - 691506
2 ARSHA A.F
AGED 34, MUKKADAYAIL HOUSE, KILIKOLLOOR, KOLLAM -691004
3 AKHIL M.S
S/O SOBHANAKUMAR, AKHIL BHAVAN, VENMANOOR, ANAKOTTOOR
P.O., NEDUVATHOOR, KOLLAM- 691505
4 SAIFUDHEEN M
AGED 45 YEARS
S/O MUHAMMED ISMAIL, CRESENT HOUSE, KOTTARAKKARA P.O.,
KOTTARAKKARA, KOLLAM- 691506
R1 SMT. DEEPA. V. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7383 OF 2022 2
T.R. RAVI, J.
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W.P.(C)No.7383 of 2022
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Dated this the 7th day of July, 2022
JUDGMENT
Notice was ordered before admission to the respondents 2 to 4. Even though respondents have been served with notice, they have not chosen to appear.
2. The prayer in this writ petition is for a direction to the 1 st respondent to efface the attachments made subsequent to the creation of Mortgage in the properties included in document No.1566/2015 of Kottarakkara (Principal) SRO covered by Ext.P1 loan agreement and for a declaration that the properties are free from all other encumbrances.
2. The counsel for the petitioner submits that, having regard to Section 26E of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, no attachment of immovable property subsequent to the creation of the security interest will survive. It is submitted that the mortgage was created on 15.06.2015 and the attachments have been made only in the year 2019.
In the above circumstances, this writ petition is allowed. The 1st WP(C) NO. 7383 OF 2022 3 respondent is directed to efface the attachments made subsequent to the creation of Mortgage in the properties included in document No.1566/2015 of Kottarakkara (Principal) SRO, covered by Ext.P1 loan agreement. Necessary orders shall be issued within one month from the date of receipt of a copy of this judgment.
Sd/-
T.R.RAVI JUDGE LEK WP(C) NO. 7383 OF 2022 4 APPENDIX OF WP(C) 7383/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LOAN AGREEMENT DATED 15.06.2015.
Exhibit P2 THE TRUE COPY OF THE 13(2) NOTICE DATED 02.07.2018, ISSUED BY THE PETITIONER. Exhibit P3 THE TRUE COPY OF THE POSSESSION NOTICE DATED 10.09.2018.
Exhibit P4 THE TRUE COPY OF THE ENCUMBRANCE CERTIFICATED FOR THE PERIOD FROM 01.01.2015 TO 21.02.2022 KOTTARAKKARA (PRINCIPAL) SRO.
Exhibit P5 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) 13123/2018 DATED 12.4.2018.