Ambili vs Authorised Officer
2022 Latest Caselaw 4297 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                       WP(C) NO. 10489 OF 2022
PETITIONERS:

          AMBILI, AGED 52 YEARS,
          W/O. SIDHARTHAN, VALLIVARTHALACKAL PUTHEN VEEDU,
          ARIVOTTUKONAM, MANNAMKONAM P.O., THIRUVANANTHAPURAM.

          BY ADVS.
          R.SUNIL KUMAR
          A.SALINI LAL



RESPONDENTS:

          AUTHORISED OFFICER,
          NEYYATTINKARA CO-OPERATIVE URBAN BANK LTD. 931,
          HEAD OFFICE, NEYYATTINKARA,
          THIRUVANANTHAPURAM-695 121.

          BY SRI.R.T.PRADEEP, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.10489 of 2022          2


                  BECHU KURIAN THOMAS, J
              =======================
                  W.P.(C) No.10489 of 2022
                  ........................................
              Dated this the 7th day of Arpil , 2022

                           JUDGMENT

Learned counsel for the petitioner submitted that

petitioner could not comply with the condition imposed by this

Court in the order dated 25-03-2022. In view of the above, the

merits of the contentions raised in this writ petition, which

includes regularization of the loan, cannot be considered.

2. Petitioner's remedy is therefore before the Debts

Recovery Tribunal, if she intends to challenge the steps initiated

under the Securitisation and Reconstruction of Financial Assets

and Enforcement of Security Interest Act, 2002.

Accordingly, the writ petition is dismissed reserving the

liberty of the petitioner to move the Tribunal. It is clarified that

the respondent shall be free to proceed with the measures

under the Securitisation and Reconstruction of Financial Assets

and Enforcement of Security Interest Act, 2002, unless

appropriate orders are issued by the Statutory Tribunal.

Sd/-

                                      BECHU KURIAN THOMAS
                                             JUDGE
amk





                   APPENDIX OF WP(C) 10489/2022



PETITIONER'S      EXHIBITS      :

Exhibit P1                 TRUE COPY OF THE NOTICE ISSUED BY THE
                           RESPONDENT BANK INTIMATING THE

PETITIONER THAT THE PROPERTY WILL BE SOLD DATED 23.2.2022.

Exhibit P2 TRUE COPY OF THE NOTICE OF SALE DATED 10.12.2021.