Mridula vs The Authorised Officer
2021 Latest Caselaw 17232 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
                          WP(C) NO. 16574 OF 2021


PETITIONER:

              MRIDULA, AGED 41 YEARS, D/O.T.JOSEPHCHANDY,
              3B, SUMMER CASTLE, SWARGOM ROAD, DESOM, ALUVA,
              ERNAULAM, PIN - 683 101, NOW RESIDING AT SAVOY
              CREST APARTMENTS, AL MANKHOOL, DUBAI,
              UNITED ARAB EMIRATES

              BY ADV RAJESH CHAKYAT


RESPONDENTS:

     1        THE AUTHORISED OFFICER, LIC HOUSING FINANCE LTD.,
              ERNAKULAM BACK OFFICE, ERNAKULAM, PIN - 682 025.

     2        THE LIC HOUSING FINANCE LTD., ERNAKULAM BACK OFFICE
              BRANCH, ERNAKULAM, PIN - 682 025 REPRESENTED BY ITS
              BRANCH MANAGER.

              SRI. R.S.KALKURA - SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 16574/21
                                      2



                             JUDGMENT

The petitioner has approached this Court with

a singular plea that her representation, namely

Ext.P2, be directed to be taken up and disposed of

by the respondents within a time frame to be fixed

by this Court. She says that though she was aware

of the loan transaction with the respondent-Bank,

she was not aware that a default was committed, as

she was out of India. She contends that if Ext.P2

is properly considered, she will be able to

convince the respondent-Bank appropriately about

her bonafides.

2. In response, the learned Standing Counsel

for the respondent-Bank, Sri.R.S.Kalkura,

submitted that if the petitioner only requires

Ext.P2 to be taken up and disposed of, there does

not appear to be any legal impediment particularly

because, Ext.P1 is only a notice under Section

13(2) of the Securitisation and Reconstruction of WPC 16574/21

Financial Assets and Enforcement of Security and

Interest Act. He, however, prayed that this Court

may not make any affirmative declarations on the

entitlement of the petitioner to any relief and

leave it to the competent Authority to do so.

Taking note of the afore submissions, I order

this Writ Petition to the limited extent of

directing the competent among the respondents to

take up Ext.P2 representation of the petitioner

and dispose it of, after affording her an

opportunity of being heard - either physically or

through video conferencing.

The afore exercise shall be completed by the

competent Authority at the earliest and the

resultant orders communicated to the petitioner,

before any further action pursuant to Ext.P1 is

taken forward.

Sd/-

RR                                        DEVAN RAMACHANDRAN
                                               JUDGE
 WPC 16574/21


               APPENDIX OF WP(C) 16574/2021

PETITIONER EXHIBITS

Exhibit P1            A TRUE COPY OF THE NOTICE ISSUED BY THE

1ST RESPONDENT DATED 29/04/2021.

Exhibit P2 A TRUE COPY OF THE LETTER SENDS THROUGH EMAIL DATED 08/07/2021.