B.V.Soja vs The Authorised Officer
2023 Latest Caselaw 1441 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                      THE HONOURABLE MR. JUSTICE GOPINATH P.

              FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944

                               WP(C) NO. 1912 OF 2023

PETITIONER:

              B.V.SOJA
              AGED 52 YEARS
              W/O. LATE SANTHOSH KUMAR
              SOUBHAGYA, SREEMURUGA BUILDING
              KANCHIYOORKONAM ROAD, KATTAKKADA P.O,
              THIRUVANANTHPURAM, PIN - 695572
              , PIN - 695572
              BY ADVS.
              R.V.SREEJITH
              T.RINI
              HARIGOVIND S.NAIR


RESPONDENT:

              THE AUTHORISED OFFICER
              UNION BANK OF INDIA,
              TRIVANDRUM MAIN BRANCH,
              UNION BANK BUILDING,
              POST BOX NO. 307, MG. ROAD, STATUE,
              THIRUVANANTHAPURAM

              , PIN - 695001

OTHER PRESENT:

              ADV. A S P KURUP (SC)



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P. (C) No. 1912 of 2023
                                 ..2..




                            JUDGMENT

The late husband of the petitioner availed a loan from the

respondent bank. On default being committed, proceedings

have been initiated under the provisions of the SARFAESI Act

and the possession of the secured asset being an auditorium

has already been taken by the Advocate Commissioner on

07.01.2023. The petitioner has challenged the proceedings

before the Debts Recovery Tribunal by filing S.A. No.

411/2022 which is pending on the file of the Debts Recovery

Tribunal-II, Ernakulam. Though the Tribunal issued Ext.P5

interim order, the petitioner has not complied with the

conditions imposed in the order in full.

2. The petitioner has approached this court stating that

the auditorium which has been taken possession of by the

Advocate Commissioner appointed by the Chief Judicial

Magistrate's Court, Thiruvananthapuram had been booked for

certain marriages on 22.01.2023, 26.01.2023, and W.P. (C) No. 1912 of 2023 ..3..

01.02.2023. Reference is made in this regard to the invitation

cards which are placed on record. It is submitted that if the

persons who have booked the auditorium are required to now

search for alternate auditoriums, the same will cause serious

prejudice to them and therefore the bank may be directed to

ensure that the auditorium is available for conducting the

marriages to be held on 22.01.2023, 26.01.2023 and

01.02.2023.

3. The learned counsel appearing for the respondent bank

submits that though the relief sought for by the petitioner

cannot be granted in proceedings under Article 226 of the

Constitution of India, considering the plight of the persons

who had booked the auditorium for marriages on 22.01.2023,

26.01.2023 and 01.02.2023, the bank will permit the conduct

of the marriages in the auditorium subject to the condition

that the entire amount payable as rent for the auditorium is

paid over to the respondent bank. It is submitted that any W.P. (C) No. 1912 of 2023 ..4..

advance amount received by the petitioner must also be paid

over to the respondent bank.

4. Having heard the learned counsel appearing for the

petitioner and the learned counsel appearing for the

respondent bank as above, this Writ Petition will stand

disposed of directing that the respondent bank shall make

arrangements to ensure that the marriages which are

scheduled to be held in the auditorium in question on

22.01.2023, 26.01.2023 and 01.02.2023 are conducted

without any hindrance. If found necessary, the bank may,

arrange for the same through the Advocate Commissioner

appointed by the Chief Judicial Magistrate's Court,

Thiruvananthapuram. The petitioner shall forthwith produce

documents showing the amount of advance received by the

petitioner from the persons who have booked the auditorium

for 22.01.2023, 26.01.2023, and 01.02.2023 and shall also

hand over the said amount to the authorized officer of the W.P. (C) No. 1912 of 2023 ..5..

respondent bank, who shall receive the said amount and

credit it against the loan account of the petitioner. Any further

amount received by the authorized officer shall also be

credited against the loan account of the petitioner.

The Writ Petition is disposed of with the above directions.

Sd/-

GOPINATH P.

JUDGE RMV W.P. (C) No. 1912 of 2023 ..6..

APPENDIX OF WP(C) 1912/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 11.06.2021 ISSUED BY THE RESPONDENT BANK TO THE PETITIONER Exhibit P2 TRUE COPY OF THE NOTICE DATED 22.02.2022 ISSUED BY THE BANK UNDER SEC 13(4) OF THE SARFEASI ACT Exhibit P3 TRUE COPY OF THE SALE NOTICE ISSUED TO THE PETITIONER AND OTHER LEGAL HEIRS OF THE DECEASED SANTHOSH UNDER RULE 8 OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002 DATED 22.07.2022 Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT Exhibit P5 TRUE COPY OF THE INTERIM ORDER OF THE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM IN S.A NO. 411/2022 DATED 18.08.2022 Exhibit P6 TRUE COPY OF THE NOTICE DATED 06.12.2022 ISSUED BY THE ADVOCATE COMMISSIONER Exhibit P7 TRUE COPY OF THE INVITATION CARD OF THE MARRIAGE OF NITHYA SREEKUMAR WITH ARJUN H.G, SCHEDULED TO BE HELD ON 22.01.2023, AT THE PETITIONER'S BUILDING, Exhibit P8 TRUE COPY OF THE MARRIAGE INVITATION CARD OF ONE SRUTHY B.S NAIR WITH ARAVIND S.S, SCHEDULED TO BE HELD ON 26.01.2023 AT THE PETITIONER'S BUILDING, Exhibit P8(a) TRUE COPY OF THE MARRIAGE INVITATION CARD OF AARCHA J.S. WITH AKHIL S. SUSEEL IS ALSO SCHEDULED TO BE HELD ON THE HALL ON 01.02.2023.

Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 12.01.2023 SUBMITTED BY THE PETITIONER BEFORE THE GENERAL MANAGER, REGIONAL HEAD OFFICE, UNION BANK OF INDIA

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A.TO JUDGE