Dhanesan C B vs The South Indian Bank Ltd
2023 Latest Caselaw 6208 Ker

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WP(C) No.14978 of 2023


              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. 14978 OF 2023
PETITIONER/S:

             DHANESAN C B
             AGED 48 YEARS
             S/O BHASKARAN C,POOMANGALATHU HOUSE, CHAMPON,
             VADASSERIKKARA P.O PATHANAMTHITTA,, PIN - 686662

             BY ADV AJITH M. JIJI


RESPONDENT/S:

             THE SOUTH INDIAN BANK LTD
             REP. BY THE AUTHORIZED OFFICER, REGIONAL OFFICE,
             1ST FLOOR, REGENCY SQUARE, K K ROAD, COLLECTORATE
             P.O, KOTTAYAM, KERALA -, PIN - 686002

             BY ADVS.
             SUNIL SHANKER
             VIDYA GANGADHARAN(K/000424/2020)
             JERIN GEORGE(K/863/2023)


OTHER PRESENT:

             Sri P.A Augustine



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   12.06.2023,         THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
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WP(C) No.14978 of 2023


                         C.S DIAS,J.
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                 WP(C) No.14978 of 2023
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             Dated this the 12th day of June, 2023 .

                         JUDGMENT

The writ petition is filed to direct the respondent to

permit the petitioner to pay off the overdue amount in

equated monthly instalments and regularise the loan

account.

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

housing loan from the respondent - Bank - in the year

2018, by creating an equitable mortgage. Due to

reasons beyond his control, he could not pay the

instalments on time. The respondent has initiated

proceedings against the secured asset under the

Securitization and Reconstruction of Financial Assets

WP(C) No.14978 of 2023

and Enforcement of Security Interest Act (in short,

'Act'). The petitioner is prepared to pay off the

overdue amount in equated monthly instalments.

Hence, the writ petition.

3. Heard; Sri.Ajith M.Jiji, the learned counsel

appearing for the petitioner and Sri.Sunil Shanker, the

learned counsel appearing for the respondent.

4. Sri.Sunil Shanker, on instructions, submitted

that the first sale of the secured asset did not taken

place. Now the second sale is posted on 19.6.2023. The

respondent is not ready to provide the petitioner any

instalment facility.

5. The Hon'ble Supreme Court in South Indian

Bank Ltd vs. Naveen Mathew Philip (2023 LiveLaw

(SC) 320), after adverting to a myriad of earlier judicial

WP(C) No.14978 of 2023

pronouncements rendered under the Act, has

categorically declared that High Courts shall not, unless

in extra ordinary circumstances, interfere with

proceedings initiated under the Securitisation and

Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002, in writ proceedings under

Article 226 of the Constitution of India.

6. Having considered the pleadings and materials

on record, I do not find any extraordinary circumstances

to entertain the writ petition under Article 226 of the

Constitution of India. Nonetheless, it would be up to

the petitioner to invoke statutory remedies under the

Act.

WP(C) No.14978 of 2023

Resultantly, without prejudice to the right of the

petitioner to work out his remedies in accordance with

law, the writ petition is dismissed.

SD/-

sks/12.6.2023                          C.S.DIAS, JUDGE

WP(C) No.14978 of 2023


                         APPENDIX OF WP(C) 14978/2023

PETITIONER EXHIBITS

Exhibit -P1                TRUE COPY OF THE SALE NOTICE DATED

28.03.2023 ISSUED BY THE RESPONDENT BANK .

Exhibit -P2 TRUE COPY OF THE REQUEST LETTER DATED 27.04.2023 SUBMITTED BY THE PETITIONER TO THE RESPONDENT