Abdul Latheef Ac vs The Authorised Officer
2023 Latest Caselaw 11786 Ker

WP(C) No.37797/2023                        1/3


                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                           THE HONOURABLE MR.JUSTICE N.NAGARESH
             Thursday, the 16th day of November 2023 / 25th Karthika, 1945
                              W.P(C)NO. 37797 OF 2023 (Y)

   PETITIONERS:

      1. ABDUL LATHEEF A.C., AGED 53 YEARS, S/O AMMAD, ARIKKAM CHALIL, THEN-
         EEM, KEEZHARIYUR, NADUVATHUR P.O, KOYILANDI, KOZHIKODE, PIN -
         673620.
      2. ABIDA AC AGED 49 YEARS W/O ABDUL LATHEEF AC, ARIKKAM CHALIL, THEN-
         EEM, KEEZHARIYUR, NADUVATHUR P.O, KOYILANDI, KOZHIKODE, PIN -
         673620.

   RESPONDENTS:

      1. THE AUTHORISED OFFICER, [APPOINTED UNDER THE SECURITISATION AND
         RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY
         INTEREST ACT, 2002]. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY
         LTD. DARE HOUSE, 2, NSC, BOSS ROAD, PARRYS, CHENNAI, PIN - 600001.
      2. THE BRANCH MANAGER CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY
         LTD., CALICUT BRANCH, SREEVALSAM BUILDING, WAYANAD ROAD, EAST
         NADAKKAVU, KOZHIKODE, PIN - 673006.
      3. ADV. APARNA M., AGED 28 YEARS, ADVOCATES ASSOCIATION, DISTRICT COURT
         COMPLEX, KOZHIKODE, PIN - 673032.

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to interim relief for the reasons stated in the writ petition and
   the affidavit filed along with, it is most humbly requested and prayed
   that this hon'ble court may be pleased to pass interim orders restraining
   the respondents from dispossessing the petitioner from the property
   described in Exhibit P2, pending disposal of the above writ petition.
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SMT.T.T.SHANIBA, Advocate for the petitioners, the court passed the
   following:
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                                    N. NAGARESH, J.
                                    ----------------------------
                                W.P. (C) No.37797 of 2023
                         --------------------------------------------------
                        Dated this the 16th day of November, 2023

                                          ORDER

Standing Counsel submits that there was gross

violation of the directions contained in Ext.P1 judgment in the

matter of repayment by the petitioners.

Respondents shall file statement showing the

amount payable in each month from 20.04.2023 till date and

the amount actually received as on those dates.

Post on 21.11.2023.

Sd/-

                                                                  N. NAGARESH
                                                                      JUDGE
            AMR
 WP(C) No.37797/2023                 3/3

APPENDIX OF WP(C) 37797/2023 (Y) Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONERS DATED 06.11.2023