Davis Kuriakose vs The Piramal Capital And Housing ...
2023 Latest Caselaw 8505 Ker

WP(C) No.25860/2023                      1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                         THE HONOURABLE MR.JUSTICE C.S.DIAS
              Monday, the 7th day of August 2023 / 16th Sravana, 1945
                              WP(C) NO. 25860 OF 2023
   PETITIONER:

          DAVIS KURIAKOSE, AGED 63 YEARS, S/O. KURIAKOSE, PARTNER OF 'J & D
          AUTO CRAFT' (AUTHORISED ROYAL ENFIELD DEALER), BUILDING NO. XVI/318
          A, 318B, THOMAS AYKKARATH SQUARE, KARUKUTTY, ANGAMALY, ERNAKULAM -
          683 576, RESIDING AT: `PATHADAN HOUSE', CHURCH NAGAR, 150,
          ANGAMALY P.O., ANGAMALY, ERNAKULAM - 683 572.

   RESPONDENTS:

      1. THE PIRAMAL CAPITAL AND HOUSING FINANCE LTD., (FORMERLY DEWAN
         HOUSING FINANCE CORPORATION LTD.), REPRESENTED BY ITS AUTHORIZED
         OFFICER, 5TH FLOOR, S.L. PLAZA, PALARIVATTOM, ERNAKULAM, PIN -
         682025
      2. MR. ANIL THOMAS, AGED 47 YEARS, S/O. THOMAS, AYKKARETH, EDAKUNNU,
         KARUKUTTY, PADUVAPURAM, ERNAKULAM, PIN - 683576
      3. MRS. KAVITHA PAULOSE, AGED 38 YEARS, W/O. ANIL THOMAS, AYKKARETH,
         EDAKUNNU, KARUKUTTY, PADUVAPURAM, ERNAKULAM, PIN - 683576


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay the proceedings as per Exhibit-P2 Notice issued under the
   provisions of the SARFAESI Act in view of Exhibit-P4, pending disposal of
   the above writ petition in the interest of justice.


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/s.JINSON OUSEPH, CHITRA VIJAYAN, BASIL MECHERY, NIMISHA GEORGE &
   AMALENDU N.S., Advocates for the petitioner and of M/S DENU JOSEPH &
   MUHISEENA.V.Z Advocates for R1, the court passed the following:
 WP(C) No.25860/2023                        2/3



                                       C.S.DIAS, J.
                           ---------------------------------------
                             WP(C) No.25860 of 2023
                          -----------------------------------------
                       Dated this the 7th day of August, 2023

                                          ORDER

Sri.Dinu Joseph takes notice for the 1 st respondent. Issue

notice before admission by speed post to the respondents 2

and 3.

Having considered the pleadings and materials on record

and after going through the law laid down by the Honourable

Supreme Court in Bajarang Shyamsundar Agarwal vs.

Central Bank of India and another [2019 (9) SCC 94] , I

am satisfied that the petitioner has made out a prima facie

case for an interim order. Hence, I stay the recovery

proceedings as against the secured asset, where the

petitioner's premises is functioning, pursuant to Ext.P2 notice

till 18.08.2023.

Post on 18.08.2023.

sd/-

                                                           C.S.DIAS, JUDGE
        rkc/07.08.23
 WP(C) No.25860/2023                 3/3

                       APPENDIX OF WP(C) 25860/2023
Exhibit P2            TRUE COPY OF THE NOTICE DATED 27/07/2023 ISSUED BY THE

ADVOCATE COMMISSIONER TO TAKE THE ACTUAL POSSESSION OF THE PROPERTY.

Exhibit P4 TRUE COPY OF THE JUDGMENT OF APEX COURT IN `BAJARANG SHYAMSUNDER AGARWAL VS. CENTRAL BANK OF INDIA AND ANOTHER; (2019) 9 SCC 94'.