Arun Singh vs The Peoples Urban Co-Operative ...
2022 Latest Caselaw 9252 Ker

W.P(C) .578/2020                       1



                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                    THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                            WP(C) NO. 578 OF 2020
PETITIONER/S:

      1       ARUN SINGH
              AGED 35 YEARS
              ONAMPOZHIL HOUSE, PANANGAD, ERNAKULAM, KERALA, PIN-682
              506.
      2       THANKAPPAN O.C.
              AGED 74 YEARS
              ONAMPOZHIL HOUSE, PANANGAD, ERNAKULAM, KERALA, PIN-682
              506.
      3       USHA O.T.
              AGED 57 YEARS
              ONAMPOZHIL HOUSE, PANANGAD, ERNAKULAM, KERALA, PIN-682
              506.
              BY ADVS.
              NAVANEETH.N.NATH
              SRI.K.S.STEJO


RESPONDENT/S:

      1       THE PEOPLES URBAN CO-OPERATIVE BANK LTD, NO.51
              REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE,
              THRIPUNITHURA, ERNAKULAM, KERALA-682 031.
      2       THE PEOPLES URBAN CO-OPERATIVE BANK LTD., NO.51
              REPRESENTED BY ITS BRANCH MANAGER, VYTTILA BRANCH,
              ERNAKULAM, KERALA-682 019.
      3       P.A.XAVIER
              POOPPANA HOUSE, PALLURUTHY, ERNAKULAM, KERALA, PIN-682
              006.
              BY ADVS.
              SRI.DEVAPRASANTH.P.J.
              SRI.N.C.JOSEPH


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) .578/2020                           2


                                    JUDGMENT

Petitioners have approached this Court being aggrieved by proceedings

initiated against the petitioners under the provisions of the Securitisation and

Reconstruction of Financial Assets and Enforcement of Security Interest Act

(hereinafter referred to as the SARFAESI Act) for recovery of amounts due

from them. The property of the petitioners was brought to sale and it was

purchased in public auction by the 3rd respondent. Despite the above, this

Court, through order dated 14.2.2020, permitted the parties to resort to

mediation for settlement of disputes. Though the mediation did not succeed in

the first round, this Court on 04.01.2022 again referred the parties to attempt

mediation.

2. Today, when the matter is taken up for consideration, it is the

submission of the learned counsel for the petitioners that the matter could not

be settled through mediation.

3. The learned counsel appearing for the respondent bank submitted

that the property of the petitioners was sold on 20.3.2019 and the entire

amount of Rs.23,01,000/- was paid by the auction purchaser immediately after

the date of the auction. It is submitted that despite the above, the bank has not

been able to put the auction purchaser in possession and the petitioners are

continuing occupation of the property. It is submitted that proceedings have

been initiated against the petitioners under Section 14 of the SARFAESI Act

and at that stage the petitioners approached this Court by filing the above writ

petition.

Having regard to the aforesaid facts and taking into consideration the

fact that mediation is failed and the petitioners have no concrete proposal to

settle the liabilities, this writ petition is dismissed permitting the continuance

of proceedings under Section 14 of the SARFAESI Act against the petitioners.

Sd/-

GOPINATH P.

JUDGE okb/ //True copy// P.S. to Judge

APPENDIX OF WP(C) 578/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 4.2.2019 IN WPC NO.1538/2019.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 27.3.2019 IN WPC NO.9464/2019.

EXHIBIT P3 TRUE COPY OF THE M.C.580/2019 DATED 7.9.2019 FILED BY THE RESPONDENT BANK BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM.

EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 3.12.2019 ISSUED TO THE PETITIONERS BY THE ADVOCATE COMMISSIONER APPOINTED BY THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM IN M.C.580/19.