Kerala High Court
Narayanan vs The Authorised Officer, Cholamandalam ... on 28 May, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
WP(C) No.18167/2024 1/3 Order Date : 28-05-2024
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. 18167 OF 2024
PETITIONER:
NARAYANAN, AGED 66 YEARS, S/O.KANARAN, PUTHIYOTTIL THAZHE,
THIKKODI, MARKI SREEKRISHNA TEMPLE, KOYILANDY, KOZHIKODE (DISTRICT),
PIN - 673522
RESPONDENT:
THE AUTHORISED OFFICER, CHOLAMANDALAM INVESTMENT & FINANCE COMPANY
LIMITED 1ST FLOOR AARPEES, ARCADE YMCA CROSS ROAD, KOZHIKODE, PIN -
673001
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 stay all coercive steps initiated against the secured asset of
the petitioner, pending final disposal of this writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI. K.DEEPA (PAYYANUR) Advocate for the petitioner, M/S PHILIP
T.VARGHESE, THOMAS T.VARGHESE, ACHU SUBHA ABRAHAM, V.T.LITHA, K.R.MONISHA
& ASHIQUE NAZAR, Advocates for the respondent, the court passed the
following:
WP(C) No.18167/2024 2/3 Order Date : 28-05-2024
N. NAGARESH, J.
--------------------------------------------
W.P.(C) No.18167 of 2024
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Dated this the 28th day of May, 2024
ORDER
Counsel for the petitioner submits that a bona fide
purchaser has approached the petitioner and if a breathing
time is granted, the petitioner can clear the entire
outstanding amount. To prove the bona fide, the petitioner is
directed to remit an amount of ₹1 lakh within a period of one
month from today.
Post on 28.06.2024.
Coercive proceedings against the petitioner shall stand
deferred till 28.06.2024 on condition that the petitioner remits
the amount as directed above within time.
Sd/-
N. NAGARESH
JUDGE
ams
WP(C) No.18167/2024 3/3 Order Date : 28-05-2024
APPENDIX OF WP(C) 18167/2024
Exhibit P-1 TRUE COPY OF THE POSSESSION NOTICE DATED 02.01.2023
ISSUED TO THE PETITIONER UNDER RULE 8(1) OF THE
SECURITY INTEREST ENFORCEMENT RULES 2002
Exhibit P-2(a) TRUE COPY OF THE PAYMENT RECEIPT DATED 28.02.2023 FOR
RS.40, 000/- REMITTED TOWARDS THE LOAN ACCOUNT OF THE
PETITIONER.
Exhibit P-2(b) TRUE COPY OF THE PAYMENT RECEIPT DATED 20.03.2023 FOR
RS.39, 500/- REMITTED TOWARDS THE LOAN ACCOUNT OF THE
PETITIONER.
Exhibit P-2(c) TRUE COPY OF THE PAYMENT RECEIPT DATED 26.04.2023 FOR
RS.39, 200/- REMITTED TOWARDS THE LOAN ACCOUNT OF THE
PETITIONER.
Exhibit P-2(d) TRUE COPY OF THE PAYMENT RECEIPT DATED 13.06.2023 FOR
RS.40, 000/- REMITTED TOWARDS THE LOAN ACCOUNT OF THE
PETITIONER.
Exhibit P-3 TRUE COPY OF THE JUDGMENT DATED 25.07.2023 IN WRIT
PETITION(C) NO.24226/2023 OF THIS HON'BLE COURT.
Exhibit P-4 TRUE COPY OF THE MEDICAL RECORDS OF THE SON OF THE
PETITIONER.
Exhibit P-5 TRUE COPY OF THE NOTICE DATED 07.05. 2024 ISSUED TO THE
PETITIONER BY THE ADVOCATE COMMISSIONER PETITIONER.
