Sunil Kumar.A vs The Authorized Officer & ...
2023 Latest Caselaw 8511 Ker

          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. 25834 OF 2023
PETITIONER:

          SUNIL KUMAR.A., AGED 48 YEARS
          S/O. AYYAPPAN PILLAI.L., RESIDING AT KARTHIKA BHAVAN.,
          CONVENT ROAD, KUDUMBANNOOR,
          PRAVACHAMBALAM,NEMOM.P.O.,KALLIYOOR,
          THIRUVANTHAPURAM DISTRICT., PIN - 695020
          BY ADV V.A.AJIVAS


RESPONDENTS:

    1     THE AUTHORIZED OFFICER & ASSISTANT GENERAL
          MANAGER
          SOUTH INDIAN BANK, REGIONAL OFFICE TC 31/151, YWCA
          BUILDING, 3RD FLOOR, M.G. ROAD, SPENCER JUNCTION
          STATUE, THIRUVANATHAPURAM., PIN - 695001

    2     THE BRANCH MANAGER, SOUTH INDIAN BANK , SIVAKAMI
          BUILDING, POWER HOUSE ROAD, CHALAI,
          THIRUVANTHAPURAM DISTRICT., PIN - 695036

          BY ADV SUNIL SHANKER
          SRI P A AUGUSTINE


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25834 OF 2023
                            :: 2 ::




                          JUDGMENT

Dated this the 7th day of August 2023

The writ petition is filed to direct the first

respondent to consider and dispose of Ext.P5

representation, expeditiously.

2. The petitioner's case is that, he had availed

financial assistance from the second respondent - Bank

by creating an equitable mortgage by deposit of title

deeds. The petitioner is a cancer patient. He could not

pay the instalments on time. The respondents have

initiated proceedings under the Securitization and

Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002 (in short, 'Act'). and is

threatening to take physical possession of the property.

The petitioner had approached this Court and filed W.P.

(C)No.11510/23 challenging the recovery proceedings.

By Ext.P3 judgment, this Court disposed of the writ WP(C) NO. 25834 OF 2023 :: 3 ::

petition reserving the right of the petitioner to

challenge the proceedings before the appropriate

forum, in view of the fact that the respondents have

taken possession of the secured assets. The petitioner

has now submitted Ext.5 representation before the first

respondent on 2.8.2023. The petitioner prays that the

first respondent may be directed to consider and

dispose of the representation within the timeframe

fixed by this Court. Hence, the writ petition.

3. Heard; Sri.Ajivass.V.A., the learned counsel

appearing for the petitioner and Sri.P.A.Augustine, the

learned counsel appearing for the respondents.

4. Having considered the pleadings and materials

on record and taking note of the fact that Ext.P5

representation is pending consideration before the first

respondent, without expressing anything on the merits

of Ext.P5 representation, I deem it appropriate to direct WP(C) NO. 25834 OF 2023 :: 4 ::

the first respondent to consider and dispose of the

same.

Resultantly, in exercise the powers of this Court

under Article 226 of the Constitution of India, I dispose

of the writ petition in the following manner:

(i) The first respondent is directed to consider and dispose of Ext.P5 representation in accordance with law and as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a certified copy of the judgment, after affording the petitioner an opportunity of being heard.

(ii) It is made clear that this Court has not expressed anything on the merits of Ext.P5 representation.

Sd/-

C.S.DIAS JUDGE jes WP(C) NO. 25834 OF 2023 :: 5 ::

APPENDIX OF WP(C) 25834/2023

PETITIONER EXHIBITS Exhibit-P1 THE TRUE COPY OF THE TREATMENT RECORDS OF PETITIONER.

Exhibit-P2 TRUE COPY OF THE NOTICE DATED 7.12.2022 UNDER SECTION 13(2) OF THE SARFASI ACT ISSUED BY THE 1ST RESPONDENT.

Exhibit-P3 THE TRUE COPY OF THE JUDGMENT DATED 31.3.2023 WP(C) NO: 11510/2023 BY THIS HONOURABLE COURT Exhibit-P4 THE TRUE COPY OF THE NOTICE DATED 18.05.2023 ISSUED BY RESPONDENTS U/S.13(8) OF THE SARFEASI ACT.

Exhibit-P5 THE TRUE COPY OF THE REPRESENTATION, DATED 01.08.2023 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS