Sunil Kumar S. G vs Manappuram Home Finanance Ltd
2023 Latest Caselaw 5733 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
 TUESDAY, THE 16TH DAY OF MAY 2023 / 26TH VAISAKHA, 1945
                        WP(C) NO. 15827 OF 2023
PETITIONER/S:

    1          SUNIL KUMAR S.G., AGED 35 YEARS
               S/O GOPINATHAN PILLAI, SUNIL BHAVAN,
               MANJANIKKARA OMALLOOR PATHNAMTHITTA-, PIN -
               689647

    2          SUJATHA G., AGED 67 YEARS, W/O GOPINATHAN
               PILLAI, SUNIL BHAVAN, MANJANIKKARA OMALLOOR
               PATHNAMTHITTA-, PIN - 689647

    3          RATHEESH R., AGED 40 YEARS
               S/O GOPINATHAN PILLAI THADATHIL VEEDU, KONNI P O
               PATHNAMTHITTA-, PIN - 689647

               BY ADV M.R.SASITH



RESPONDENT:

               MANAPPURAM HOME FINANANCE LTD
               1ST FLOOR, LOGOS CENTRE, LOGOS JUNCTION, NEAR.
               PUNJAB NATIONAL BANK, KOTTAYAM REPRESENTED BY
               AUTHORISED OFFICER, SARATH P TAMPY, PIN - 686002

               BY ADVS.
               C.HARIKUMAR
               SANDRA SUNNY(K/926/2020)
               ARUN KUMAR M.A(K/1197/2021)
               FARAH JYOTHI PRADEEP(K/1240/2023)


        THIS     WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   16.05.2023,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 15827 OF 2023

                                ..2..

                            JUDGMENT

The first petitioner has availed a housing

loan from the respondent financial institution.

Since the petitioners committed default in making

repayment, the respondent initiated steps under

the SARFAESI Act and Ext.P2 is the notice issued

by the respondent. Aggrieved by the same, the

petitioners have filed this writ petition.

2. When the matter is taken up, the learned

counsel for the petitioners submits that the

petitioners would be satisfied if two weeks' time

is granted to approach the Debt Recovery Tribunal

and also seeks for a direction to stay the

coercive proceedings till then. The learned

counsel for the respondent acceded to the said

request.

3. Considering the submissions as above, I

am of the opinion that the writ petition can be

disposed of.

4. Accordingly, the petitioners are directed WP(C) NO. 15827 OF 2023

..3..

to approach the Debt Recovery Tribunal, in

accordance with law, within a period of two weeks

from today. In order to enable the petitioners to

approach the Debt Recovery Tribunal as above,

coercive steps shall be kept in abeyance for a

period of two weeks, from today.

The writ petition is disposed of, as above.

Sd/-

SHOBA ANNAMMA EAPEN

JUDGE bka/-

WP(C) NO. 15827 OF 2023

..4..

APPENDIX OF WP(C) 15827/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE RECIPETS OF THE AMOUNT PAID BY THE PETITIONERS TO THE RESPONDENT BANK DATED 22/06/2022 AND 10/08/2022

Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT BANK DATED 5/11/2022 TO THE 1ST PETITIONER

Exhibit P3 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONERS DATED 26/04/2023