Kerala High Court
Jose K Francis vs The Authourised Officer on 10 November, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 10TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA, 1944
WP(C) NO. 30968 OF 2022
PETITIONER/S:
JOSE K FRANCIS
AGED 61 YEARS
S/ O FRANCIS, KUTTIKKADAN HOUSE,
RESIDENCE NO. 81, PRIYADARSHINI NAGAR,
EAST FORT, THRISSUR, PIN - 680002
BY ADVS.
P.M.BINDHUMOL
PAUL PAULSON T.
RESPONDENT/S:
1 THE AUTHOURISED OFFICER,
YES BANK LTD,
REG OFFICE AT YES BANK HOUSE,
OFF WESTERN EXPRESS HIGHWAY,
SANTACRUZ EAST, MUMBAI - , PIN - 400055
2 YES BANK LTD
THRISSUR BRANCH, REP BY CHIEF MANAGER
ANSARI COMPLEX,
UPPER GROUND FLOOR XXI/459
WEST FORT, THRISSUR , PIN - 680004
BY ADV P.PAULOCHAN ANTONY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.11.2022, ALONG WITH WP(C).31046/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
[WP(C) Nos.30968 & 31046 OF 2022 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 10TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA, 1944
WP(C) NO. 31046 OF 2022
PETITIONER/S:
JOSE K FRANCIS
AGED 61 YEARS
S/O FRANCIS, KUTTIKKADAN HOUSE,
RESIDENCE NO. 81, PRIYADARSHINI NAGAR,
EAST FORT, THRISSUR
, PIN - 680002
BY ADVS.
P.M.BINDHUMOL
PAUL PAULSON T.
RESPONDENT/S:
1 THE AUTHOURISED OFFICER
YES BANK LTD,
REG OFFICE AT YES BANK HOUSE,
OFF WESTERN EXPRESS HIGHWAY,
SANTACRUZ EAST, MUMBAL , PIN - 400055
2 YES BANK LTD
THRISSUR BRANCH, REP BY CHIEF MANAGER
ANSAI COMPLEX,
UPPER GROUND FLOOR XXI/459
WEST FORT, THRISSUR , PIN - 680004
BY ADV P.PAULOCHAN ANTONY P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.11.2022, ALONG WITH WP(C).30968/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
[WP(C) Nos.30968 & 31046 OF 2022 3
JUDGMENT
[WP(C) Nos.30968/2022, 31046/2022]
Petitioner is common in both these writ petitions. He
has approached this Court, being aggrieved by the
proceedings initiated by the respondent bank under the
provisions of the SARFAESI Act to recover amounts due
under two vehicle loans availed by the petitioner for
purchasing two lorries.
2. When this matter is taken up for consideration
today, it is the submission of the learned counsel appearing
for the respondent bank that the vehicles belonging to the
petitioner have already been sold and confirmation has been
deferred on account of the fact that these writ petitions are
pending consideration before this Court. It is submitted that
on an earlier occasion, the vehicles were sold in auction and
the entire amount was also remitted by the auction
purchasers. It is submitted that thereafter, on account of the
interim orders dated 29.09.2022 in both these petitions, the
auction purchaser backed out. It is submitted that,
thereafter, the vehicles were again brought to sale and have
been sold for a total sum of Rs.32,16,000/-. It is submitted
that the sale has not been confirmed again on account of the
[WP(C) Nos.30968 & 31046 OF 2022 4
fact that these writ petitions are pending consideration before
this Court.
3. Learned counsel appearing for the petitioner
submits that the petitioner is ready and willing to clear the
entire liability in instalments. It is submitted that if the
petitioner is given an opportunity, the petitioner will be able
to clear the liability. It is also submitted that the submission
made by the learned counsel appearing for the respondent
bank that the vehicles have already been sold is not correct
and reference is made in that regard to certain documents
produced before this Court.
4. Having heard the learned counsel appearing for
the petitioner in these cases and learned counsel appearing
for the respondent bank, these writ petitions will stand
disposed of, directing that if the petitioner approaches the
concerned authorised officer of the respondent bank with a
proposal to settle the liability, the same shall be considered
by the authorised officer on such terms and conditions as he
may deem it appropriate to impose. If the petitioner submits
the proposal within a period of one week from today, the
confirmation of sale of the vehicles belonging to the petitioner
shall be deferred till a decision is taken by the bank on the
[WP(C) Nos.30968 & 31046 OF 2022 5
proposal to be submitted by the petitioner. The proposal
needs to be considered as above, only if the petitioner remits
a sum of Rs.10,00,000/- (Rupees Ten lakhs only) along with
the proposal. The said amount shall be retained in a no lien
account till a decision is taken on the proposal, as directed
above.
These writ petitions are disposed of as above.
Sd/-
GOPINATH P.
JUDGE
ajt
[WP(C) Nos.30968 & 31046 OF 2022 6
APPENDIX OF WP(C) 31046/2022
PETITIONER EXHIBITS
Exhibit P1 PRE SALE NOTICE DATED 02-09-2022 ISSUED BY
1ST RESPONDENT BANK.
Exhibit P2 TRUE PHOTOCOPY OF THE PHOTOGRAPHS OF THE
VEHILE NO. KL 08BS1869
Exhibit P3 TRUE PHOTOCOPY OF THE PHOTOGRAPHS OF THE
VEHILE NO. KL 08BS1869
Exhibit P5 True copy of the screen shot of public
auction dated 03-11-2022
Exhibit P4 The true copy of repossession kit issued by
the respondent bank dated 30-08-2022
[WP(C) Nos.30968 & 31046 OF 2022 7
APPENDIX OF WP(C) 30968/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RECEIPT DATED 30.06-2022 FOR
AN AMOUNT OF RS. 2,00,009/-.
Exhibit P2 TINE COPY OF THE RECEIPT DATED 29.07-2022 FOR
AN AMOUNT OF RS.3,00,000
Exhibit P3 PRE SALE NOTICE DATED 06-09-2022 ISSUED BY
1ST RESPONDENT BANK.
Exhibit P4 TRUE PHOTOCOPY OF THE COLOUR PHOTOGRAPHS OF
THE VEHICLE NO. KL 08 BS 1872
Exhibit P5 TRUE PHOTOCOPY OF THE COLOUR PHOTOGRAPHS OF
THE VEHICLE NO. KL 08 BS 1872
Exhibit P6 The true copy of repossession kit issued by
the respondent bank dated 03-09-2022
Exhibit P7 True copy of the screen shot of public
auction dated 05-11-2022
