Shameena Yahiya vs Authorised Officer
2023 Latest Caselaw 7497 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
       FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
                         WP(C) NO. 22188 OF 2023
PETITIONER:

            SHAMEENA YAHIYA
            AGED 39 YEARS
            W/O YAHIYA, ARIKKANATHU HOUSE, NAMBIYAPURAM,
            PALLURUTHY, ERNAKULAM, PIN - 682006
            BY ADV P.A.MUJEEB


RESPONDENTS:

            THE AUTHORISED OFFICER
            HDFC BANK, COCHIN BRANCH, SN PLAZA, PALARIVATTOM,
            ERNAKULAM, PIN - 682025



     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
07.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.22188 OF 2023


                                 2


               P.V.KUNHIKRISHNAN, J.
              ------------------------------
              W.P.(C)No.22188 of 2023
      ----------------------------------------------
        Dated this the 07th day of July, 2023


                          JUDGMENT

The above writ petition is filed with the following

prayers:

"(i) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to allow the petitioner to repay the overdue amount of loan in question by way of installments and to regularize the loan account.

and

(ii) grant such other reliefs which are deemed just and necessary in the facts and circumstances of the case and in the interest of justice. "[SIC]

2. When this writ petition came up for

consideration, the learned Standing counsel

appearing for the respondent submitted that the

respondent bank already approached the Debt WP(C) NO.22188 OF 2023

Recovery Tribunal as per the SARFAESI proceedings

and in such situation, this Court may not pass any

order in this case.

3. In the light of the above submission, I think

this writ petition under Article 226 of the Constitution

of India, is not maintainable. The petitioner is free to

approach the Debt Recovery Tribunal for appropriate

relief, if he is advised so.

With the above observation, this writ petition is

closed.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO.22188 OF 2023

APPENDIX OF WP(C) 22188/2023

PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE LEGAL NOTICE DATED 08/06/2023.

RESPONDENTS EXHIBITS : NIL
        //TRUE COPY//                 PA TO JUDGE