Hemalatha vs The Authorized Officer
2024 Latest Caselaw 9367 Ker

Kerala High Court

Hemalatha vs The Authorized Officer 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. 9588 OF 2024
PETITIONER:

              HEMALATHA
              AGED 56 YEARS
              W/O KUNHUMON, THEKKEKAD,
              KALLOOR, VADAKKEKAD, THRISSUR,
              KERALA, PIN - 679562

              BY ADVS.
              M.R.SASITH
              R.K.CHIRUTHA


RESPONDENT:

              THE AUTHORIZED OFFICER
              GURUVAYOOR CO-OPERATIVE URBAN BANK LTD.,
              HEAD OFFICE, NERA KSRTC BUS STAND,
              WEST NADA, GURUVAYUR., PIN - 680101


              BY ADVS.
              T.R.HARIKUMAR
              ARJUN RAGHAVAN(K/1277/2012)


     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.9588 Of 2024
                               2




                         JUDGMENT

Dated this the 3rd day of April, 2024

The petitioner, who has availed a financial advance from

the Guruvayur Co-operative Urban Bank Limited and who is

facing coercive proceedings under the Securitisation and

Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002 for the recovery of loan account,

has filed this writ petition seeking to direct the respondent to

grant 25 monthly installments to pay the entire default

amount.

2. When this writ petition came up for admission

today, the Standing Counsel representing the respondent

submitted that one of the secured properties provided by the

petitioner was put to auction on 22.03.2024 and it has been

sold for an amount of `19,50,000/-. WP(C) No.9588 Of 2024

3. In view of the above, now the petitioner will have to

challenge the sale proceedings, if the petitioner so desires. As

substantial amount has been recovered by the Bank, there is

no question of granting instalment facility to the petitioner.

The writ petition is therefore dismissed granting

liberty to the petitioner to challenge the same before the

appropriate Tribunal, if the petitioner is so advised.

Sd/-

N.NAGARESH JUDGE hmh WP(C) No.9588 Of 2024

APPENDIX OF WP(C) 9588/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE SALE NOTICE DATED 24.01.2024