Pradeep Es vs Canara Bank
2024 Latest Caselaw 16448 Ker

Kerala High Court

Pradeep Es vs Canara Bank on 11 June, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
                     WP(C) NO. 8424 OF 2024
PETITIONER:

         PRADEEP ES
         AGED 46 YEARS
         S/O SIVASANKARAN ELOOR HOUSE,
         THONNURKKARA PO, THONNURKKARA,
         THRISSUR., PIN - 680586

         BY ADVS.
         S.MUMTAZ
         ALISHA ASLAM
         AMINA RUBY FAIZAL


RESPONDENT:

         CANARA BANK
         REP. BY THE AUTHORIZED OFFICER
         THONNURKKARA BRANCH, THONNURKKARA PO,
         THRISSUR., PIN - 680586

         SRI.M. GOPIKRISHNAN NAMBIAR

     THIS WRIT PETITION       (CIVIL) HAVING COME UP     FOR
ADMISSION ON 11.06.2024,      THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 WP(C) No.8424 of 2024
                                  2




                            JUDGMENT

Dated this the 11th day of June, 2024

The petitioner, who has availed a financial assistance by

way of Housing Loan for an amount of ₹10,87,000/- from the

respondent-Bank, has approached this Court seeking the

following reliefs:

(i) Issue a writ of mandamus giving direction to the respondent to allow the petitioner to pay the overdue amount in instalments and to regularize the loan account.

(ii) Pass such other orders which are incidental and proper in the interest of justice.

(iii) Dispense with filing of the translation of vernacular documents.

2. It is evident that the Bank had initiated proceedings

on the failure of the petitioner to repay the loan amount,

invoking the provisions of the Securitisation and

Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002. The petitioner now wants to

allow him to pay the overdue amount in instalments.

3. Standing Counsel representing the Bank, on

instructions, submits that the secured asset of the petitioner

was already subjected to sale and it was sold to a third party

in the month of February, 2024 pursuant to Ext.P3 Sale

Notification.

4. As the secured asset is already sold, the petitioner

cannot aspire to regularise the loan account at this stage.

The writ petition is therefore dismissed. If the petitioner

makes an application for a copy of the Sale Certificate, the

petitioner shall be provided with the same.

Sd/-

N.NAGARESH JUDGE spk

APPENDIX OF WP(C) 8424/2024

PETITIONER EXHIBITS

Exhibit P 1 TRUE COPY OF THE JUDGMENT DATED 25/03/2022 OF THE HONBLE HIGH COURT OF

Exhibit P 2 TRUE COPY OF THE ORDER DATED 05/04/2023 OF THE HONBLE HIGH COURT OF KERALA IN RP NO. 322/2023 IN W P (C)

Exhibit P 3 TRUE COPY OF POSSESSION NOTICE DATED 17/01/2024 ISSUED BY THE RESPONDENT