Aparna vs Authorized Officer (Assistant ...
2021 Latest Caselaw 10422 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

     FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

                       WP(C).No.7454 OF 2021(F)


PETITIONER:

               APARNA
               AGED 28 YEARS
               W/O.DHANESH K, KARIMBIL HOUSE, JOSEPH ROAD,
               KOZHIKODE, PIN-673 032.

               BY ADV. SRI.S.SUJIN

RESPONDENTS:

      1        AUTHORIZED OFFICER (ASSISTANT MANAGER IN-CHARGE-
               RECOVERY)
               THE CALICUT CO-OPERATIVE URBAN BANK LTD., 1538,
               CHALAPPURAM, CALICUT, PIN-673 002.

      2        THE CALICUT CO-OPERATIVE URBAN BANK LTD 1538,
               KALLAYI ROAD, CALICUT, PIN-673 003,
               REPRESENTED BY ITS GENERAL SECRETARY.

               R1 TO R2 BY ADV. SRI.DEVAPRASANTH.P.J.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7454 OF 2021

                                   2

                                  JUDGMENT

Dated this the 26th day of March 2021

The petitioner is a guarantor of the loan taken by her

father from the 2nd respondent Bank. It is the contention of the

petitioner that the loan was being repaid regularly. But,

subsequently there was delay in paying regular installments.

The learned counsel for the petitioner submits that the

petitioner has made representation to the respondent Bank for

recalculation of the amount and for paying the defaulted

amount. The learned counsel for the petitioner submits that the

petitioner be granted installments for paying the outstanding

amount.

2. The learned counsel for the respondents on

instructions submits that on earlier occasion, the petitioner

along with her father and brother had preferred a writ petition

bearing no.12556 of 2019, which was disposed of by this Court

by permitting the petitioner to get the loan regularized by

repaying the overdue amount in 10 equal monthly installments.

The learned counsel for the respondents on instructions submits

that the petitioner has not complied with the judgment passed in

this writ petition and the last payment made by the loanee for

discharge of their liability was in the year 2018. WP(C).No.7454 OF 2021

3. I have considered the submissions so advanced. It is

trite that one who seeks equity must come with clean hands.

The petitioner has suppressed the fact of filing of earlier writ

petition and the disposal thereof by granting 10 equal

installments to the petitioner along with the other persons, who

were arrayed as petitioner in the said petition.

4. The petitioner is seeking quashment of the

communications at Exts.P1 and P2, which are notices issued

under the SARFAESI Act by the Secured Creditor. It is reported

that the secured assets are put up for sale today. This court

have no jurisdiction to interfere in the action taken by the

Secured Creditor under the SARFAESI Act in the light of

judgment of the Hon'ble Supreme Court in the matter of the

Authorised Officer, State Bank of Travancore and another

vs. Mathew K. C ((2018) 3 Supreme Court Cases 85)(DB)).

For the forging reason, the petition is devoid of merits and

the same is accordingly rejected.

Sd/-

A.M.BADAR

JUDGE

DK WP(C).No.7454 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE DESAHABHIMANI DATED 21.2.2021 ALONG WITH ENGLISH TRANSLATION OF RELEVANT PORTION

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 18.01.2021 ISSUED BY THE 2ND RESPONDENT ALONG WITH ENGLISH TRANSLATION

EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 10.3.2021 SUBMITTED BY THE PETITIONER

RESPONDENTS' EXHIBITS: NIL