Kerala High Court
Al Baraka Bakery, Melattur vs The Perinthalmanna Urban ... on 27 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
WP(C) NO. 8793 OF 2023
PETITIONERS:
1 AL BARAKA BAKERY, MELATTUR,
AGED 37 YEARS
REPRESENTED BY ITS PROPRIETOR, MOHAMMED FAISAL,
AGED 37 YEARS, S/O. ABDUL MAJEED,
KUNNATHODIAMBUKATT HOUSE, KANJIRAMPARA,
KARKIDAMKUNNU P.O., PALAKKAD DISTRICT, PIN - 678601
2 MOHAMMED FAISAL,
AGED 37 YEARS
S/O. ABDUL MAJEED, KUNNATHODIAMBUKATT HOUSE,
KANJIRAMPARA, KARKIDAMKUNNU P.O.,
PALAKKAD DISTRICT, PIN - 678601
3 RAMLATH,
AGED 58 YEARS
W/O. ABDUL MAJEED, KUNNATHODIAMBUKATT HOUSE,
KANJIRAMPARA, KARKIDAMKUNNU P.O.,
PALAKKAD DISTRICT, PIN - 678601
4 MOHAMMED NOUFAL,
AGED 31 YEARS
S/O. ABDUL MAJEED, KUNNATHODIAMBUKATT HOUSE,
KANJIRAMPARA, KARKIDAMKUNNU P.O.,
PALAKKAD DISTRICT, PIN - 678601
5 FATHIMATH FARSEENA,
AGED 25 YEARS
D/O. ABDUL MAJEED, KUNNATHODI AMBUKATT HOUSE,
KANJIRAMPARA, KARKIDAMKUNNU P.O.,
PALAKKAD DISTRICT, PIN - 678601
BY ADVS.
P.SAMSUDIN
MILAN RACHEL MATHEW
RESPONDENTS:
1 THE PERINTHALMANNA URBAN CO-OPERATIVE BANK LTD,
REPRESENTED BY ITS GENERAL MANAGER (AUTHORISED OFFICER),
HEAD OFFICE, PERINTHALMANNA P.O.,
MALAPPURAM DISTRICT, PIN - 679322
2 THE GENERAL MANAGER,
PERINTHALMANNA URBAN CO-OPERATIVE BANK LTD,
HEAD OFFICE, PERINTHALMANNA P.O.,
MALAPPURAM DISTRICT, PIN - 679322
BY ADVS.
JAYASREE K.P.
WPC No.8793 of 2023
2
JOHN JOSEPH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC No.8793 of 2023
3
C.S.DIAS, J.
-------------------------
W.P.(C.) No.8793 of 2023
-------------------------
Dated this the 27th day of June, 2023
JUDGMENT
The writ petition is filed to direct the
respondents to permit the petitioners to pay off
the outstanding amount in instalments and
regularise the loan account.
2. When the writ petition came up for
consideration on 14.03.2023, this Court had
directed further proceedings to be kept in
abeyance, subject to the condition that the
petitioners deposit an amount of Rs.25,00,000/-
with the respondents, within a period of two
weeks from the date of order.
3. Heard; Sri.Samsudin Panolan, the learned
Counsel appearing for the petitioners and
Smt.Jayasree K.P., the learned Counsel appearing
WPC No.8793 of 2023
for the respondents.
4. Smt.Jayasree K.P., on instructions,
submitted that the petitioners have not complied
with the above dated interim order.
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 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 and taking note of the fact
that the petitioners have not complied with the
WPC No.8793 of 2023
interim order dated 14.03.2023, I am not inclined
to exercise the discretionary powers of this Court
under Article 226 of the Constitution of India.
Nonetheless, it would be up to the petitioners to
workout their statutory remedies under the Act.
Resultantly, the writ petition is dismissed,
without prejudice to the right of the petitioners to
work out their remedies, in accordance with law.
Sd/-
C. S. DIAS
JUDGE
SKP/27-06
WPC No.8793 of 2023
APPENDIX OF WP(C) 8793/2023
PETITIONERS' EXHIBITS:
EXHIBIT-P1 TRUE COPY OF THE NOTICE DATED 14-02-2023 ISSUED
BY THE ADVOCATE COMMISSIONER
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A.TO JUDGE
