Kerala High Court
Suresh Kesavapanicker vs The Branch Manager 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. 11130 OF 2024
PETITIONER:
SURESH KESAVAPANICKER
AGED 52 YEARS, S/O.KESAVAPANICKER,
KARIYIL HOUSE, THOTTAPPALLY BEACH,
AMBALAPPUZHA ALAPPUZHA PIN - 688561.
BY ADV LAVARAJ M.G.
RESPONDENTS:
1 THE BRANCH MANAGER
CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY
LIMITED, COMMERCIAL CENTRE, THEKKEKKARA FLATS,
2ND FLOOR, PADIVATTOM, ERNAKULAM,
KOCHI, PIN - 682024.
2 THE AUTHORIZED OFFICER
CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY
LIMITED, CHOLA CREST, C 54 & 55, SUPER B-4,
THIRU VI KA INDUSTRIAL ESTATE, GUINDY,
CHENNAI, PIN - 600032.
BY ADV BINOY VASUDEVAN
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.11130 of 2024
:2:
JUDGMENT
Dated this the 28th day of May, 2024
The petitioner, who has availed a Housing Loan from
the respondents and who faced coercive proceedings under
the Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002, has approached
this Court seeking the following reliefs:-
"i. Issue a writ in the nature of mandamus or any
other appropriate writ, order or direction commanding
the respondents to forthwith reconsider and pass orders
on Ext.P3 request for private sale of the property of 5.35
Ares of land in Survey No.306/11/5 of Purakkad Village
before initiating further proceedings pursuant to Ext.P2.
ii. Issue a writ in the nature of mandamus or
any other appropriate writ, order or direction
commanding respondents 1 and 2 to refrain from
initiating further recovery proceedings for realization of
amounts pursuant to Ext.P2.
iii. Issue a writ of mandamus or such other
writs, order or direction commanding the respondents to
accept the overdue amount in installments and reface
the loan account No.HL05COCO00019832, so as to
enable the petitioner remit the loan account.
iv. Dispense with production of translation of
vernacular documents;
v. Issue any such other writ, direction or
orders, which this Hon'ble Court may deem fit and
proper considering the facts and circumstances of the
case."
2. Standing Counsel submits that the secured asset
of the petitioner has already been auctioned and sold to a
third party. The Sale Certificate was issued and the Sale
Certificate has been registered also.
3. In view of the developments, the relief prayed for
by the petitioner cannot be granted in this writ petition. If the
petitioner is aggrieved by the sale of the secured asset, the
petitioner will be at liberty to challenge the same as per the
legal remedies available to him.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH
JUDGE
ams
APPENDIX OF WP(C) 11130/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE ARBITRAL AWARD NO.ACP
NO:CIFCO/HQ/520 OF 2021/HL05COCO00019832
DATED 10.01.2022.
Exhibit P2 TRUE COPY OF THE NOTICE DATED 22.2.2024.
Exhibit P3 A TRUE COPY OF THE REQUEST SUBMITTED BY
THE PETITIONER DATED 12.3.2024.
