Valsakumar vs Authorized Officer, Canara Bank Ltd

Kerala High Court

Valsakumar vs Authorized Officer, Canara Bank Ltd on 20 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
         THE HONOURABLE MR.JUSTICE N.NAGARESH
 MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
                WP(C) NO. 10819 OF 2024
PETITIONER:

         VALSAKUMAR
         AGED 50 YEARS, S/O KESAVAN,
         THEKKINIPURA, MUKKAI, C.N. PURAM,
         PALAKKAD, PIN - 678005.

         BY ADVS.
         RAJESH SIVARAMANKUTTY
         MAYA C.P.
         K.V.ANTONY
         VIJINA K.
         ARUL MURALIDHARAN


RESPONDENTS:

   1     AUTHORIZED OFFICER, CANARA BANK LTD.
         (AUTHORIZED OFFICER UNDER SECURITIZATION
         AND RECONSTRUCTION OF FINANCIAL ASSETS
         AND ENFORCEMENT OF SECURITY INTEREST ACT),
         7/315(11) AND 7/315(12), VICTORIA ARCADE,
         100 FEET ROAD, PALAKKAD, PIN - 678001.

   2     THE BRANCH MANAGER
         CANARA BANK LTD, PUTHUR BRANCH,
         PALAKKAD, PIN - 678001.

         BY ADVS.
         GOPIKRISHNAN NAMBIAR M
         K.JOHN MATHAI
         JOSON MANAVALAN
         KURYAN THOMAS
         PAULOSE C. ABRAHAM
         RAJA KANNAN
 W.P.(C)No.10819 of 2024
                          :2:

     THIS WRIT PETITION (CIVIL) HAVING COME UP   FOR
ADMISSION ON 20.05.2024, THE COURT ON THE SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.10819 of 2024
                                   :3:

                          JUDGMENT

Dated this the 20th day of May, 2024 The writ petition was filed by the petitioner seeking the following reliefs:-

''i) To call for the records leading to Ext.P1 and quash the same by issuance writ of certiorari or any other writ in the like nature direction or order.

ii) To issue a writ of mandamus or any other writ in the like nature direction or order commanding respondents 1 and 2 to permit the petitioner to regularise the home loan account No.44609340000044 with the 2nd respondent and permit the petitioner to discharge the arrears in instalments and continue with the payment of EMIs as per the original loan schedule.

iii) Hold that the property of the petitioner is not liable to be sold consequent to Ext.P1 by respondents on account of infringement of provisions under SARFAESI Act by means of an appropriate writ, order or direction.

iv) Dispense with filing of the translation of vernacular documents.

v) To pass such other orders fit and proper in the facts and circumstances of the case and that may be prayed hereafter.''

2. When the writ petition came up for admission on 27.03.2024, this Court passed an interim order directing that W.P.(C)No.10819 of 2024 :4: if the petitioner remits an amount of ₹6 lakhs on or before 15.04.2024 and a further amount of ₹2 lakhs on or before 15.05.2024, confirmation of sale of the secured asset shall stand deferred till 20.05.2024.

3. Standing Counsel representing the Bank submits that the petitioner has not paid the amount as directed by this Court. Consequently, the sale in favour of the auction purchaser stands confirmed.

4. In view of the afore developments, the writ petition has become infructuous.

Accordingly, the writ petition is dismissed as infructuous granting liberty to the petitioner to approach the Debts Recovery Tribunal for any relief, if the petitioner is so advised.

Sd/-

N. NAGARESH JUDGE ams W.P.(C)No.10819 of 2024 :5: APPENDIX OF WP(C) 10819/2024 PETITIONER'S EXHIBIT Exhibit P1 TRUE COPY OF THE E-AUCTION SALE NOTICE DATED 22-2-2024 SERVED ON THE PETITIONER BY THE 2ND RESPONDENT.