Kerala High Court
Moideen Koya vs M/S Pegasus Assets Reconstruction Co ... on 28 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 22044 OF 2024
PETITIONERS:
1 MOIDEEN KOYA,
AGED 67 YEARS
S/O. SAIDOOTTY, M/S. MIX MAX KIDS TOYS, FOOT
WEARS, THAMARASSERY, NOW RESIDING AT MANNIL
THODUKAYIL HOUSE, VAVAD. P.O., KODUVALLY,
THAMARASSERY.P.O., KOZHIKODE, DISTRICT, PIN-,
PIN - 673572.
2 MOHAMMED T
AGED 41 YEARS
S/O. AHAMMED KUTTY HAJI, FARAH BOUTIQUE,
THAMARASSERY, NOW RESIDING AT THATTOOR HOUSE,
KARINGAMANNA, TAMARASSERY, P.O., KOZHIKODE,
PIN - 673573.
3 MUHAMMED SINAN,
AGED 32 YEARS
S/O. ABDURAHIMAN, M/S. XAOMI MI, THAMARASSERY,
NOW RESIDING AT KURUNTHOTTI KANDI HOUSE, RAROTH
AMSOM, THAMARASSERY TALUK, KOZHIKODE,
PIN - 673573.
4 DINOOP D.D.
AGED 43 YEARS,S/O. D.D.IVAS, VARNAM STUDIO,
KARADI, THAMARASSERY.P.O., KOZHIKODE, NOW
RESIDING AT KURUNTHOTTI KANDI HOUSE, RAROTH
AMSOM, THAMARASSERY TALUK, KOZHIKODE,
PIN - 673573.
BY ADV O.D.SIVADAS
WP(C) NO.22044 OF 2024
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RESPONDENTS:
M/S PEGASUS ASSETS RECONSTRUCTION CO PVT. LTD.,
NO. 3/970 B - 2, UZHIZELI TOWERS, 1ST FLOOR,
SUBHASH CHANDRA BOAE ROAD, PONNURUNII, VYTTILA,
COCHIN, REPRESENTED BY ASSIGNEE REPRESENTED BY
JIJIN.A.M., S/O. BHASKARAN.A.M., SENIOR MANAGER
AND AUTHORIZED OFFICER, UZHIZELI TOWERS, 1ST
FLOOR, SUBHASH CHANDRA BOAE ROAD, PONNURUNII,
VYTTILA, COCHIN,PIN - 682019.
BY ADVS.
RENJITH.R NAIR
ANJU MOHAN(K/916-D/2000)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.22044 OF 2024
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JUDGMENT
Dated this the 28h day of June, 2024 The petitioners who are tenants of a secured asset which is proceeded against by the respondent - Assets Reconstruction Company Pvt. Ltd., have filed this writ petition seeking to restrain the respondent from taking physical possession of property/shop rooms, which is the subject matter of Ext.P3 order issued by the Chief Judicial Magistrate Court, Kozhikode.
2. The petitioners submit that they are tenants and they are being evicted by the respondent without proper notice and without complying with the procedures of law. The petitioners sought time to approach the Debts Recovery Tribunal, challenging the proceedings.
3. When this writ petition came up for admission on 19.06.2024, this Court passed an order to the following effect:-
2. The counsel for the petitioners states that the petitioners would require a breathing time to approach the Debts Recovery Tribunal for redressing their WP(C) NO.22044 OF 2024 :4: grievance. The petitioners have a legal right to approach the Debts Recovery Tribunal under Section 17(4A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. In the meanwhile, if the property is taken over by the respondent, the petitioners will be put to irreparable loss and injury.
3. Issue urgent notice on admission by Special Messenger to the respondent.
4. There will be an interim order directing the respondent to defer coercive proceedings against the petitioners till 28.06.2024.
Today the counsel for the petitioners submitted that they have already filed SA in the Debts Recovery Tribunal.
4. Standing Counsel representing the respondent Company opposed the writ petition and denied all the allegations made by the petitioners in the writ petition. The petitioners had ample opportunity to approach the Debts Recovery Tribunal. The petitioners have already approached the Debts Recovery Tribunal. Therefore, this writ petition need not be entertained, contended the counsel for the respondent.
WP(C) NO.22044 OF 2024 :5:
5. Heard.
6. As the petitioners have already approached the Debts Recovery Tribunal, it will be only just and proper that the petitioners prosecute their remedies before the Tribunal.
Writ petition is therefore disposed of directing the petitioners to prosecute their case before Debts Recovery Tribunal and move the Debts Recovery Tribunal for any interim or final reliefs. The benefit of interim stay order passed by this Court on 19.06.2024 will continue to enure to the benefit of the petitioners for a period of 10 days from today.
Sd/-
N. NAGARESH
pvv JUDGE
WP(C) NO.22044 OF 2024
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APPENDIX OF WP(C) 22044/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTICE DATED
5.06.2024 ISSUED BY THE ADVOCATE
COMMISSIONER.
EXHIBIT P2 TRUE COPY OF THE CMP NO. 1153 OF 2024
DATED 03/05/2024 FILED BY THE
RESPONDENT BEFORE THE CJM COURT.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 22.05.2024 ISSUED BY THE HON'BLE CJM COURT, KOZHIKODE.