Thomson Joseph vs Canara Bank
2023 Latest Caselaw 6282 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. 9966 OF 2023


PETITIONER:

          THOMSON JOSEPH,
          AGED 53 YEARS
          S/O. JOSEPH, ANTHIYAMKULAM HOUSE,
          MANNADISALA PO.,PATHANAMTHITTA DISTRICT - 686511

          BY ADVS.
          ABRAHAM SAMSON
          SAFAL P. SALIM



RESPONDENT:

          CANARA BANK,
          REPRESENTED BY ITS BRANCH MANAGER, KANJIRAPALLY BRANCH,
          KARIMBANAL BUILDING, KANJIRAPALLY P.O., KERALA - 686507


OTHER PRESENT:

          SRI GOPIKRISHNAN NAMBIAR




     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. 9966 OF 2023
                                 2




              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

instalments and regularise the loan account.

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

financial assistance from the respondent-Bank by

creating an equitable mortgage. Due to reasons beyond

his control, he could not pay the instalments on time.

The respondent is now proceeding against the secured

asset under the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest

Act, 2002 (in short 'SARFAESI Act'). The petitioner is

prepared to pay off the overdue amount in instalments.

Hence, the writ petition.

3. When the writ petition came up for consideration WP(C) NO. 9966 OF 2023

on 5.4.2023, this Court has passed an interim order

permitting the petitioner to deposit an amount of

Rs.12,00,000/- on or before 17.5.2023.

4. Heard; Sri.Abraham Samson, the learned

counsel appearing for the petitioner and

Sri.Gopikrishnan Nambiar the learned counsel

appearing for the respondent.

5. Sri.Gopikrishnan Nambiar, on instructions,

submitted that, the petitioner has not complied with the

interim order dated 5.4.2023.

6. 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

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 WP(C) NO. 9966 OF 2023

Security Interest Act, 2002, in writ proceedings under

Article 226 of the Constitution of India.

7. Having considered the pleadings and materials

on record, and taking note of the fact that the petitioner

has not complied with the interim order dated 5.4.2023,

I am not inclined to entertain the writ petition by

exercising the powers of this Court under Article 226 of

the Constitution of India. Nonetheless, it would be up

to the petitioner to workout his statutory remedies as

provided under the Act.

Resultantly, the writ petition is dismissed, without

prejudice to the right of the petitioner to work out his

remedies, in accordance with law.

SD/-

C.S.DIAS, JUDGE

rmm12/6/2023 WP(C) NO. 9966 OF 2023

APPENDIX OF WP(C) 9966/2023

PETITIONER EXHIBITS

Exhibit1 TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT BANK DATED 16.3.2023 CALLING FOR REALIZATION OF RS.68,16,569/-.

Exhibit P2 TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT BANK AFTER REMITTANCE OF RS.1,00,000/-