Shoan Indane Services vs The Authorised Officer
2023 Latest Caselaw 6172 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                 THE HONOURABLE MR.JUSTICE C.S.DIAS
      MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
                      WP(C) NO. 13782 OF 2023
PETITIONER:

          SHOAN INDANE SERVICES,
          12/239, METHANAM, ALANGAD, ERNAKULAM 682027, REP BY ITS
          PROPRIETRIX, SUNITHA, AGED 48 YEARS ,D/O. KAREEM.

          BY ADV MANU ROY



RESPONDENT:

          THE AUTHORISED OFFICER,
          ICICI BANK LTD, ZONAL OFFICE, NH BYEPASS, EDAPALLY,
          KOCHI, PIN - 682024

          BY ADV PRADEESH CHACKO




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13782 OF 2023
                                 2


             Dated this the 12th day of June, 2023

                          JUDGMENT

The writ petition is filed to direct the respondent

to consider and dispose of Ext.P3 representation,

expeditiously.

2. The petitioner's case is that, she is the proprietrix

of a gas agency. She had availed financial assistance

from the respondent to purchase vehicles. She was

unable to pay the installments on time due to her

financial crisis. The respondent has initiated

proceedings under the Securitisation and

Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002 (in short 'SARFAESI Act')

and is proceeding against the secured asset. The

petitioner is prepared to pay off the outstanding amount

in instalments. The petitioner has submitted Ext.P3

representation before the respondent on 30.3.2023

However, the representation has not been considered. WP(C) NO. 13782 OF 2023

Hence, the writ petition.

3. Heard; Sri.Manu Roy, the learned counsel

appearing for the petitioner and Sri. Pradeesh Chacko,

the learned counsel appearing for the respondent.

4. Having considered the fact that Ext.P3

representation is pending consideration before the

respondents since 30.3.2023, I deem it appropriate to

dispose of the writ petition.

Resultantly, the writ petition is disposed of, by

directing the respondent to consider and dispose of

Ext.P3 representation, in accordance with law and as

expeditiously as possible, at any rate, within a period of

one month from the date of receipt of a certified copy of

the judgment. Until such time orders are passed on

Ext.P3 representation, coercive proceedings pursuant to

Ext.P1 shall stand deferred.

Sd/-

rmm12/6/2023                          C.S.DIAS, JUDGE
 WP(C) NO. 13782 OF 2023



                APPENDIX OF WP(C) 13782/2023

PETITIONER EXHIBITS

Exhibit P1            A TRUE COPY OF DEMAND NOTICE

Exhibit P2            A TRUE COPY OF CREDIT FACILITY AND

DEMAND ISSUED BY THE RESPONDENT DATED 06/03/2023

Exhibit P3 TRUE COPY OF APPLICATION DATED 30-03-