Kerala High Court
Mariyumma Sulthan vs The Authorised Officer on 28 May, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 40658 OF 2022
PETITIONERS:
1 MARIYUMMA SULTHAN,
AGED 54 YEARS
W/O LATE AL HAJ SHEIK YOUSAF SULTHAN,
VENNIPARAMBIL HOUSE, THOTTAKATTUKARA P.O,
ALUVA ,ERNAKULAM DISTRICT, PIN - 683 108.
2 FATHIMATHU SUHARA K.Y,
AGED 27 YEARS
D/O LATE AL HAJ SHEIK YOUSAF SULTHAN,
VENNIPARAMBIL HOUSE, THOTTAKATTUKARA P.O,
ALUVA ,ERNAKULAM DISTRICT, PIN - 683 108.
3 LAILA BEEVI V.Y.,
AGED 25 YEARS
D/O LATE AL HAJ SHEIK YOUSAF SULTHAN,
VENNIPARAMBIL HOUSE, THOTTAKATTUKARA P.O,
ALUVA ,ERNAKULAM DISTRICT, PIN - 683 108.
BY ADVS.
C.P.SAJI
AHALYA PRAKASH K.V.
RESPONDENTS:
1 THE AUTHORISED OFFICER,
M/S PIRAMAL CAPITAL & HOUSING FINANCE LTD.
FORMELY KNOWN AS DEWAN HOUSING FINANCE
CORPORATION LTD. 1ST FLOOR, K.M.M BUILDING,
NEAR RENAI HOTELS, PALARIVATTOM, KOCHI,
PIN - 682025
2 UNITED INDIA INSURANCE CO. LTD.,
KALAMASSERY BRANCH, GROUND FLOOR, PALLATH
TOWER, ELOOR ROAD, KALAMASSERY, PIN - 683104.
REPRESENTED BY ITS BRANCH MANAGER.
3 JAMEELA SULTHAN
W/O. LATE AL HAJ SHEIK YOUSAF SULTHAN
VENNIPARAMBIL HOUSE, DESOM P.O. CHENGAMANAD
VILLAGE, ALUVA, ERNAKULAM, PIN - 683 102.
W.P.(C) No.40658 of 2022
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4 NIZAMUDHEEN K.Y
S/O LATE AL HAJ SHEIK YOUSAF SULTHAN
VENNIPARAMBIL HOUSE, DESOM P.O. CHENGAMANAD
VILLAGE, ALUVA ERNAKULAM., PIN - 683 102.
5 HAYARUNNISSA ABDUL RAZAK
D/O LATE AL HAJ SHEIK YOUSAF SULTHAN
VENNIPARAMBIL HOUSE, DESOM P.O. CHENGAMANAD
VILLAGE, ALUVA ERNAKULAM, PIN - 683 102.
6 AHMMED KABEER
S/O LATE AL HAJ SHEIK YOUSAF SULTHAN
VENNIPARAMBIL HOUSE, DESOM P.O. CHENGAMANAD
VILLAGE, ALUVA ERNAKULAM, PIN - 683 102.
7 SHAHIRA SHIHAB
D/O LATE AL HAJ SHEIK YOUSAF SULTHAN
VENNIPARAMBIL HOUSE, DESOM P.O. CHENGAMANAD
VILLAGE, ALUVA ERNAKULAM, PIN - 683 102.
8 SHAMSUDEEN V.Y
S/O LATE AL HAJ SHEIK YOUSAF SULTHAN
VENNIPARAMBIL HOUSE, DESOM P.O. CHENGAMANAD
VILLAGE, ALUVA ERNAKULAM., PIN - 683 102.
BY ADVS.
DENU JOSEPH
RAAJESH S.SUBRAHMANIAN
K.MOHAMMED RAFEEQ
P.DEEPTHI
V.R.RAJESH(K/257/2008)
K.K.AJI KUMAR(K/2139-C/1999)
T.S.HARIKUMAR(K/782/1989)
THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 28.05.2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.40658 of 2022
:3:
JUDGMENT
Dated this the 28th day of May, 2024
The petitioners have approached this Court
seeking to direct the 1st respondent to attach and adjust the
amount due to the borrower late Al Haj Sheikh Yousuf Sultan
from his insurance amount due from the 2 nd respondent as
per Ext.P2 notice.
2. The petitioners are the second wife and daughters
of the borrower. Now, the Authorized Officer of the 1 st
respondent Finance Company has filed Ext.P1 petition for
taking physical possession of the secured asset scheduled
therein, where the petitioners are residing. The deceased
borrower owed debt to the 1st respondent. The borrower is
immensely rich and he is entitled to receive more than the
amount of liability due to the 1 st respondent from the 2nd
respondent-Insurer. This amount can be attached and
adjusted towards the liability.
3. The first wife of the borrower and his children are
not cooperating with the petitioners for receiving the amount
due from the 2nd respondent and to settle the liabilities of the
borrower. They are not residing in the secured asset.
Hence, they are not interested in settling the liabilities of late
Al Haj Sheikh Yousuf Sultan. The petitioners, therefore,
pray that the 1st respondent be directed to recover the
amount due from late Al Haj Sheikh Yousuf Sultan under
One Time Settlement Scheme from the insurance amount
due to him from the 2 nd respondent and to direct the 2 nd
respondent to release the amount sufficient to settle the
claim of the 1st respondent against late Al Haj Sheikh Yousuf
Sultan from his insurance amount.
4. I have heard the learned counsel for the
petitioners and the respective counsel representing
respondents 1, 2, 4, 6, 7 and 8.
5. It is not disputed that a partition suit among the
legal heirs of Al Haj Sheikh Yousuf Sultan is pending
consideration before the Sub Court, North Paravur as
O.S.No. 77 of 2020. It is also not disputed that the insurance
claim in question is included in the schedule of the said
plaint. Therefore, it will only be appropriate that the matter is
decided finally by the Civil Court.
6. Going through the pleadings, I find that the Bank
has a claim against the deceased. The deceased was
guarantor to a loan transaction taken by an incorporated
company of which the deceased was one of the Directors.
Therefore, if the Bank wants early disbursal of the amount
out of the insurance claim payable by the 2 nd respondent, it
would be only appropriate for the 1st respondent to seek
appropriate relief from the Civil Court where the Suit is
pending
7. The writ petition is therefore disposed of permitting
the 1st respondent to get itself impleaded as additional
respondent in O.S. No. 77 of 2020 pending before the Sub
Court, North Paravur for claiming the amounts due to them
from the deceased. The parties to this writ petition will be at
liberty to raise all their contentions and legal arguments
before the Civil Court.
The counsel for the 1 st respondent submits that the
amount payable by the Insurance Company may be kept in
an interest bearing Fixed Deposit either with the petitioner's
Bank or in any other nationalized Bank. The counsel for the
6th respondent pointed out that there is a petition pending
before the Civil Court seeking to deposit the amount in the
Court. In view of the said petition, it would be only
appropriate that the 1st respondent makes this request to the
Civil Court itself for this purpose through appropriate
application.
Sd/-
N. NAGARESH
JUDGE
AJ
APPENDIX OF WP(C) 40658/2022
PETITIONERS EXHIBITS
Exhibit P1 TRUE PHOTO COPY OF THE PETITION
FILED AS M.C. NO. 535/2022 BY THE
1ST RESPONDENT BEFORE THE
ADDITIONAL CHIEF JUDICIAL
MAGISTRATE'S COURT ERNAKULUM
AGAINST THE PETITIONER AND OTHER
LEGAL HEIRS AND CO- BORROWERS
Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY
THE 2ND RESPONDENT TO THE 1ST
PETITIONER DATED 10.05.2019
