Joy.K.C vs The Thodupuzha Urban Co-Operative Bank ...
2024 Latest Caselaw 9196 Ker

Kerala High Court

Joy.K.C vs The Thodupuzha Urban Co-Operative Bank ... on 3 April, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
     WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
                          WP(C) NO. 6472 OF 2024
PETITIONERS:

     1     JOY.K.C
           AGED 67 YEARS
           S/O.CHACKO, KUNNUMBURATH HOUSE, KEERICODE,
           THODUPUZHA EAST, IDUKKI, PIN - 685524
     2     RAJEENA JOY
           AGED 65 YEARS
           W/O.JOY K.C, KUNNUMBURATH HOUSE, KEERICODE,
           THODUPUZHA EAST, IDUKKI, PIN - 685524

           BY ADVS.
           C.AJITH KUMAR
           DENIZEN KOMATH


RESPONDENTS:

     1     THE THODUPUZHA URBAN CO-OPERATIVE BANK LTD.
           NO.394, THODUPUZHA-UDUMBANOOR ROAD,
           MUTHALAKODAM, THODUPUZHA,
           PIN - 685605
     2     THE BRANCH MANAGER
           THODUPUZHA URBAN CO-OPERATIVE BANK LTD., NO.394,
           MAIN BRANCH, THODUPUZHA,
           PIN - 685605

           SRI.SAJEEV KUMAR K.GOPAL (STANDING      COUNSEL)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.6472 Of 2024
                                 2




                           JUDGMENT

Dated this the 3rd day of April, 2024

The petitioners, against whom the 1st respondent Co-

operative Bank initiated proceedings under the Securitisation

and Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002, have filed this writ petition seeking

to quash Ext.P5 Sale Notice issued by the respondents to the

extent it relates to item No.21 property of the petitioners, as

the same is issued in violation of law. The petitioners also

seek to direct the respondents not to dispossess the

petitioners from the secured asset intended to be enforced

through Ext.P10.

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

Court passed an interim order directing the respondents to

make available account statement in respect of the

petitioners. The said direction was given as the petitioners WP(C) No.6472 Of 2024

have a specific case that the Court Fee of `24,660/- remitted

by the petitioners has not been credited to their account in

spite of Ext.P4 order of the Debts Recovery Tribunal.

3. It is submitted that during the pendency of the writ

petition, possession has been taken over by the respondents.

4. Pursuant to the direction of this Court, the

respondents have filed a statement dated 20.03.2024. The

statement would indicate that the Bank has credited `24,660/-

pursuant to the directions of the Debts Recovery Tribunal in

Ext.P4 order.

5. The counsel for the petitioners would submit that it

is not the Court Fee alone which was directed to be paid back

to the petitioners. The direction of the Tribunal was to give

proper credits of all sale expenses in the applicants' loan

account forthwith.

6. Confronted with the question whether this can be

adjudicated by this Court in a writ proceedings, the counsel for WP(C) No.6472 Of 2024

the petitioners submitted that the petitioners shall agitate

these issues before the Debts Recovery Tribunal.

7. Taking into consideration all the afore facts, I am of

the view that the writ petition can be disposed of with

appropriate orders.

The writ petition is disposed of permitting the petitioners

to approach the Debts Recovery Tribunal under Section 17 of

the Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002. It will be open to

the petitioners to take up all issues, which are agitated in this

writ petition, before the Tribunal. The petitioners shall file such

application within a period of one month.

Sd/-

N.NAGARESH JUDGE hmh WP(C) No.6472 Of 2024

APPENDIX OF WP(C) 6472/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE DATED NIL IS-

SUED BY THE RESPONDENTS TO THE PETI- TIONERS UNDER SECTION 13(2) OF THE SARFAESI ACT Exhibit P2 TRUE COPY OF THE AUCTION NOTICE DATED 14/11/2019 PUBLISHED BY THE RESPON- DENTS Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 13/08/2021 IN O.P (DRT) NO.85/2021 OF THE HON'BLE HIGH COURT Exhibit P4 TRUE COPY OF THE FINAL ORDER DATED 17//07/2023 IN S.A 344/2019 OF DRT-II, ERNAKULAM Exhibit P5 TRUE COPY OF THE SALE NOTICE PUBLISHED BY THE RESPONDENTS Exhibit P6 TRUE COPY OF THE POSTAL RECEIPT EVI-

DENCING THE DISPATCH OF EXT.P5 UPON 1ST PETITIONER Exhibit P7 TRUE COPY OF THE POSTAL RECEIPT EVI-

DENCING THE DISPATCH OF EXT.P5 UPON 2ND PETITIONER Exhibit P8 TRUE COPY OF THE POSTAL TRACK REPORT EVIDENCING THE DELIVERY OF EXT.P6 UPON 1ST PETITIONER Exhibit P9 TRUE COPY OF THE POSTAL TRACK REPORT EVIDENCING THE DELIVERY OF EXT.P7 UPON 2ND PETITIONER Exhibit P10 TRUE COPY OF THE NOTICE DATED 19/01/2024 ISSUED BY THE ADVOCATE COM- MISSIONER IN M.C 377/2023 OF CHIEF JU- DICIAL MAGISTRATE COURT, THODUPUZHA WP(C) No.6472 Of 2024

RESPONDENT ANNEXURES

ANNEXURE 1 TRUE COPY OF THE STATEMENT OF ACCOUNTS IN RESPECT OF LOAN NO. 00030091003903 OF THE PETITIONER FROM 31-03-2017 TO 02-08-2023.

ANNEXURE 2 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE BANK BEFORE THE SUPERINTENDENT OF POLICE, IDUKKI DATED 07-03-2024. ANNEXURE 3 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE BANK BEFORE THE CIRCLE INSPEC- TOR OF POLICE, IDUKKI DATED 27-02- 2024.