Dr.Prasanna Kumar vs Punjab National Bank
2022 Latest Caselaw 8540 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                        WP(C) NO. 14129 OF 2022
PETITIONER/S:

    1     DR.PRASANNA KUMAR, AGED 74 YEARS
          SON OF S.DIVAKARAN (LATE), RESIDING AT DEVAKI, TC
          27/1823 (1), SREE CHITIRA LANE, VANCHIYOOR P.O.,
          THIRUVANANTHAPURAM,PIN-695 035
    2     SMT.DEVAKI AMMA.P.P.,AGED 70 YEARS
          WIFE OF D PRASANNA KUMAR, RESIDING AT DEVAKI, TC
          27/1823 (1), SREE CHITIRA LANE, VANCHIYOOR P.O.,
          THIRUVANANTHAPURAM, PIN-695 035
          BY ADV PRAKASH P.GEORGE


RESPONDENT/S:
     1     PUNJAB NATIONAL BANK
           REPRESENTED BY ITS ASSISTANT GENERAL MANAGER, FIRST
           FLOOR, CPGP TOWERS, UPPALAM ROAD, STATUE JUNCTION,
           THIRUVANANTHAPURAM,PIN-696 001
     2     THE CHIEF MANAGER,PUNJAB NATIONAL BANK, FIRST FLOOR,
           CPGP TOWERS, UPPALAM ROAD, STATUE JUNCTION,
           THIRUVANANTHAPURAM,PIN-696 001
     3     THE CHIEF MANAGER,PUNJAB NATIONAL BANK, CIRCLE OFFICE,
           NEAR KUMARICHANTHA BUS STAND, EANCHAKKAL,
           THIRUVANANTHAPURAM,PIN-696 026
     4     THE AUTHORISED OFFICER,PUNJAB NATIONAL BANK, FIRST
           FLOOR, CPGP TOWERS, UPPALAM ROAD, STATUE JUNCTION,
           THIRUVANANTHAPURAM,PIN-696 001
           BY ADVS.
           SAJI.P.JOSEPH
           C.C.MATHEW
           G.MINI (PALATH)
           K.T.SAJU
           A.SEENA
           THANKARAJAN P.K.
           DEEPESH E.S
           DAYANA MATHEW

          SRI. SANTHEEP ANKARA


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14129 OF 2022                    2



                                    JUDGMENT

Petitioners have approached this Court challenging

proceedings initiated by the respondent Bank under the

provisions of the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act,

for recovery of the amounts due from the petitioners.

2. It is settled law that the petitioners have an

effective alternative remedy before the debts Recovery

Tribunal and that the writ petition under Article 226 of the

Constitution of India is not maintainable. Notwithstanding

the above position, this Court has been entertaining the writ

petitions at the instance of borrowers provided they show

their bona fides for settling their liabilities .

3. This writ petition was admitted on 19.04.2022 and

an interim order was granted to the petitioners on condition

that they pay a sum of Rs.10 lakhs within a period of one

month. It is noticed that this matter had come up before this

Court thereafter on 23.05.2022, 26.05.2022, 30.05.2022,

01.06.2022, 07.06.2022 and 16.06.2022. On 16.06.2022,

this Court passed the following order.

''Post on 01-07-2022.

Petitioners have given time till 03-06-2022 to deposit the amount directed to be deposited by this

Court through order dated 19.04.2022. It is made clear that no further extension will be granted to the petitioners for making the aforesaid deposit.''

4. Even today, when the matter is taken up for

consideration, petitioners have no case that they have

complied with the interim order granted by this Court.

Petitioners are therefore not entitled to any indulgence and

to any discretionary relief under Article 226 of the

Constitution of India. The writ petition is therefore

dismissed.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 14129/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 27.04.2021 ISSUED UNDER SECTION 13 (2) OF THE SARFAESI ACT Exhibit P2 TRUE COPY OF THE SYMBOLIC POSSESSION NOTICE DATED 15.11.2021 ISSUED BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE APPLICATION FOR ONE TIME SETTLEMENT (OTS) SENT TO THE 2ND RESPONDENT BY EMAIL ON 27.11.2021 Exhibit P4 TRUE COPY OF THE APPLICATION FOR ONE TIME SETTLEMENT (OTS) SENT TO THE 3RD RESPONDENT BY EMAIL ON 27.11.2021 Exhibit P5 TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT WHICH IS WRONGLY DATED AS 02.07.2021 Exhibit P6 TRUE COPY OF THE POSSESSION NOTICE DATED 10.04.2022 ISSUED BY THE ADVOCATE COMMISSIONER Exhibit P7 TRUE COPY OF THE AGREEMENT FOR SALE DATED 16.04.2022 EXECUTED BY 2ND PETITIONER AND THE PROSPECTIVE PURCHASER