Shafira Shaji vs Maxvalue Credits And Investments ...
2023 Latest Caselaw 6479 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                    WP(C) NO. 18875 OF 2023
PETITIONER/S:

            SHAFIRA SHAJI
            AGED 42 YEARS
            W/O. LATE E SHAJI KINARUVILAYIL HOUSE MADAPPALLY,
            PANMANA MADAPPALLY KOTTA PO KOLLAM, PIN - 691583
            BY ADVS.
            SADCHITH.P.KURUP
            VINOD JABAR
            C.P.ANIL RAJ
            SIVA SURESH
            RESHMA RAJ


RESPONDENT/S:

    1       MAXVALUE CREDITS AND INVESTMENTS LTD.
            050 TOWER, 1ST FLOOR NORTH ALLUMOOD,
            KARUNAGAPPALLY KOLLAM , REP. BY ITS BRANCH
            MANAGER, PIN - 690518
    2       THE AUCTION OFFICER
            MAXVALUE CREDITS AND INVESTMENTS LTD. 050 TOWER,
            1ST FLOOR NORTH ALLUMOOD, KARUNAGAPPALLY KOLLAM,
            PIN - 690518
OTHER PRESENT:

            SRI.PRAMOJ ABRAHAM


     THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION    ON   13.06.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 18875 of 2023



                              P.V.KUNHIKRISHNAN, J.
                             ======================================================

                               W.P.(C) No. 18875 of 2023
                         =============================================================

                       Dated this the 13th day of June, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

"A) Issue a writ of certiorari or any other appropriate writ, order or direction quashing Ext.P2 notice as illegal and arbitrary.

B) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent to consider Ext.P3 representation and thereafter hand over the entire gold ornaments pledged with the respondent to the petitioner upon closure of the loan account in 24 monthly installments.

C) Petitioner also prays that this Honourable Court may be pleased to dispense with the translation of the vernacular documents produced in the vernacular language.

D) Grant such other reliefs, which are deemed fit and proper in the facts and circumstances of the case." (sic)

2. When this writ petition came up for consideration, this

Court issued notice by special messenger to the respondents. Today,

the respondents represented through counsel.

W.P.(C). No. 18875 of 2023

3. The counsel for the respondents submitted that, if the

petitioner is ready to deposit an amount of Rs.60,000/- within three

days, the repayment of the loan can be rescheduled.

In the light of the above submission, this writ petition can be

disposed of in the following manner:

1. The petitioner will pay an amount of Rs.60,000/- (Rupees sixty thousand only) within three days from today.

2. Once the amount as directed above is received, the 1st respondent will reschedule the loan repayment as submitted above.

3. If there is any default from the petitioner, the respondents are free to proceed in accordance with law.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 18875 of 2023

APPENDIX OF WP(C) 18875/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF NOTICE ISSUED BY THE RESPONDENT TO THE PETITIONER Exhibit P2 A TRUE COPY OF THE SALE NOTICE DATED 13/5/2023 ISSUED BY THE RESPONDENT TO THE PETITIONER Exhibit P3 A TRUE COPY OF REPRESENTATION DATED 24/5/2023 GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT