Haseena Mol vs The Can Fin Homes Ltd
2023 Latest Caselaw 12933 Ker

Kerala High Court

Haseena Mol vs The Can Fin Homes Ltd on 8 December, 2023

Author: N.Nagaresh

Bench: N.Nagaresh

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
                     WP(C) NO. 41167 OF 2023
PETITIONERS:

    1     HASEENA MOL
          AGED 37 YEARS, W/O NOUSHADE,
          A H VILLA, METHOOR, KALLARA
          THIRUVANTHAPURAM, PIN - 695608.

    2     NOUSHAD E
          AGED 47 YEARS, S/O ELLAYASA H VILLA,
          METHOOR, KALLARA
          THIRUVANTHAPURAM, PIN - 695608.

          BY ADV M.R.SARIN


RESPONDENTS:

    1     THE CAN FIN HOMES LTD
          BRANCH OFFICE NO28/452 MAHATHMA GANDHI ROAD,
          VANCHIYOOR, TRIVANDRUM PIN - 695001
          REPRESENTED BY AUTHORISED OFFICER /BRANCH MANAGER.

    2     THE AUTHORISED OFFICER /BRANCH MANAGER
          CANFIN HOMES LTD, MAHATHMA GANDHI ROAD,
          VANCHIYOOR, TRIVANDRUM, PIN - 695001.

          BY ADV.SRI.P.S.MANOJ KUMAR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.41167 of 2023

                               :2:




                        JUDGMENT

Dated this the 8th day of December, 2023

Standing Counsel submits that the petitioners have

approached this Court earlier filing a writ petition and obtained

orders for paying dues in instalments. The petitioners did not

adhere to the instalemnts. The petitioners, subsequently

approached the Debts Recovery Tribunal and submitted that

amounts will be paid by 30.05.2023. The said undertaking was

also not honoured.

2. Counsel for the petitioners, on the other hand, would

admit that there were defaults in paying the amount. But, now a

buyer has come for purchasing the property and the entire

outstanding amount can be cleared by 31.12.2023.

3. In the afore circumstances, I find that the Bank should

consider the proposal of the petitioners.

The writ petition is therefore disposed of permitting the

petitioners to approach the Bank along with the prospective buyer

and convince the Bank that the outstanding amount will be paid

by 31.12.2023. The Bank will be at liberty to take a decision in the

matter, taking into consideration the bonafide of the purchaser

and other circumstances of the case. If the petitioners approach

the Bank and make a proposal within a period of five days from

today, coercive proceedings pursuant to Section 14 shall stand

deferred till the Bank takes a decision on the proposal.

Sd/-

N. NAGARESH JUDGE ams

APPENDIX OF WP(C) 41167/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE JUDGEMENT IN WP NO 22342/2022 OF THIS HON'BLE HIGH COURT OF KERALA DATED 2.9.2022 Exhibit P2 THE TRUECOPY OF THE AGREEMENT EXECUTED BETWEEN RAJU , MERCY RAJU , SHIBU UMMAN AND THE 2ND PETITIONER DATED 04.11.2020 Exhibit P3 THE TRUE COPY OF NOTICE ISSUED BY THE ADVOCATE COMMISSIONER TO THE 2ND PETITIONER DATED ON 12.11.23 Exhibit P4 THE TRUE COPY OF THE APPLICATION FILED BY THE 1ST PETITIONER TO 2ND RESPONDENT DATED 04.12.2023 Exhibit P5 THE TRUE COPY OF GAZETTE NOTICE ISSUED BY REVENUE DEPATMENT IN PATHANAMTHITTA DISTRICT DATED 14.11.2023