Lijo P. Jose vs The Authorized Officer, The Federal ...

Kerala High Court

Lijo P. Jose vs The Authorized Officer, The Federal ... on 23 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                     WP(C) NO. 9554 OF 2024

PETITIONERS:

    1    LIJO P. JOSE, AGED 51 YEARS
         S/O. JOSE M.J, MANKUTHEL HOUSE, CHUNGAKUNNU,
         KOTTIYOOR, KANNUR DISTRICT, KERALA STATE - 670651
    2    MINI MATHEW, AGED 48 YEARS
         W/O. LIJO P. JOSE, MANKUTHEL HOUSE, CHUNGAKUNNU,
         KOTTIYOOR, KANNUR DISTRICT, KERALA STATE - 670651

         BY ADVS.
         BABY THOMAS
         GEORGE T.J
         INDRAJITH S KAIMAL
         ALICIA JOSE
         AISWARYARAJ
         JOHNY GEORGE


RESPONDENT:

         THE AUTHORIZED OFFICER,
         THE FEDERAL BANK, LCRD DIVISION KANNUR,
         3RD FLOOR, ADITYA TOWERS, SOUTH BAZAR,
         KANNUR, PIN - 670002

         BY ADVS.
         SUNIL SHANKAR A
         VIDYA GANGADHARAN(K/000424/2020)
         DEVAYANI NAIR T.H.(K/1531/2019)


     THIS WRIT PETITION       (CIVIL) HAVING COME UP    FOR
ADMISSION ON 23.05.2024,      THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C) No.9554 of 2024
                                  2


                            JUDGMENT

Dated this the 23rd day of May, 2024 The petitioners, who have availed financial assistance from the Federal Bank Limited and who are facing proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, have filed this writ petition seeking the following reliefs:

(i) To issue a writ of certiorari calling forth the records leading to Ext.P3 and to quash the same.

(ii) To issue any other writ, order or direction to grant OTS with installment facility to the petitioners.

(iii) To issue any other writ, order or direction to setting aside Ext.P2 and Ext.P4 Notice.

(iv) To dispense with the production of translation of documents in Vernacular language.

(v) To grant such other reliefs or direction or order as this Hon'ble court deems fit and proper to grant in the circumstances of the case.

2. Standing Counsel entered appearance on behalf of the Bank and resisted the writ petition. The Standing Counsel submitted that the petitioners have already approached the Debts Recovery Tribunal-I, Ernakulam filing SA No.318/2022 and the matter is pending. The petitioners have also WP(C) No.9554 of 2024 3 challenged Section 14 proceedings before the Debts Recovery Tribunal.

3. Heard.

4. In this writ petition, the petitioners are challenging the notice issued by the Advocate Commissioner. It is an admitted position that already Section 14 proceedings are challenged in the pending SA. Further prayer of the petitioners is for grant of One Time Settlement. The Standing Counsel would submit that the One Time Settlement negotiations have failed.

5. In view of the above, since the issue agitated by the petitioners is pending before the Debts Recovery Tribunal, it will not be proper for this Court to proceed with this writ petition.

The writ petition is therefore dismissed.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.9554 of 2024 4 APPENDIX OF WP(C) 9554/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PETITION FILED U/S. 14(1) OF THE SARFAESI ACT DATED 06.04.2022 Exhibit P2 TRUE COPY OF THE ORDER OF THE CJM IN M.C NO.106/2022 DATED 29.12.2023 Exhibit P3 TRUE COPY OF THE ORDER AVAILED FROM THE ONLINE DAILY STATUS DATED 19.02.2024 Exhibit P4 TRUE COPY OF THE ADVOCATE COMMISSIONER NOTICE DATED 29.02.2024