Abdul Latheef Ac vs The Authorised Officer
2024 Latest Caselaw 14631 Ker

Kerala High Court

Abdul Latheef Ac vs The Authorised Officer on 31 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                WP(C) NO. 37797 OF 2023
AGAINST THE ORDER/JUDGMENT DATED IN CMP NO.232 OF 2023
        OF CHIEF JUDICIAL MAGISTRATE, KOZHIKODE
PETITIONERS:

    1    ABDUL LATHEEF AC
         AGED 53 YEARS, S/O AMMAD ARIKKAM CHALIL,
         THEN-EEM, KEEZHARIYUR, NADUVATHUR P.O,
         KOYILANDI, KOZHIKODE, PIN - 673620.

    2    ABIDA AC
         AGED 49 YEARS
         W/O ABDUL LATHEEF AC, ARIKKAM CHALIL,
         THEN-EEM, KEEZHARIYUR, NADUVATHUR P.O,
         KOYILANDI, KOZHIKODE, PIN - 673620.

         BY ADV T.T.SHANIBA


RESPONDENTS:

   1     THE AUTHORISED OFFICER
         [APPOINTED UNDER THE SECURITISATION AND
         RECONSTRUCTION OF FINANCIAL ASSETS AND
         ENFORCEMENT OF SECURITY INTEREST ACT, 2002].
         CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY
         LTD. DARE HOUSE, 2, NSC, BOSS ROAD, PARRYS,
         CHENNAI, PIN - 600001.

   2     THE BRANCH MANAGER
         CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY
         LTD. CALICUT BRANCH, SREEVALSAM BUILDING,
         WAYANAD ROAD, EAST NADAKKAVU,
         KOZHIKODE, PIN - 673006.
 W.P.(C)No.37797 of 2023
                           :2:


    3    ADV. APARNA M
         AGED 28 YEARS
         ADVOCATES ASSOCIATION,
         DISTRICT COURT COMPLEX,
         KOZHIKODE, PIN - 673032.

         BY ADV BINOY VASUDEVAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP   FOR
ADMISSION ON 31.05.2024, THE COURT ON THE SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.37797 of 2023
                                   :3:




                          JUDGMENT

Dated this the 31st day of May, 2024

The petitioners, who have availed a Housing Loan of

₹41,49,954/- in the year 2019 from the Cholamandalam

Investment and Finance Company Limited and against whom

the Financial Company initiated coercive proceedings under

the Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002 for recovery of the

outstanding amount, has filed this writ petition seeking to

direct the respondents from dispossessing the petitioners from

their residential property. The petitioners had earlier

approached this Court and had obtained Ext.P1 judgment.

2. The overdue amount payable by the petitioner is

₹7,04,011/- as on 07.02.2024. When the writ petition came up

for admission, this Court passed an interim order on

15.02.2024 directing the petitioner to remit an amount of

₹1 lakh within one week and the balance overdue amount on

or before 31.03.2024. The petitioners have not paid the

amount as directed by this Court.

In the circumstances, the petitioners cannot be extended

with any further discretionary relief. The writ petition is

dismissed.

Sd/-

N. NAGARESH JUDGE ams

APPENDIX OF WP(C) 37797/2023

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP (C) NO.9577/2023 DATED 20.03.23 Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONERS DATED 06.11.2023 RESPONDENT'S EXHIBITS Exhibit R-1 (a) TRUE COPY OF THE ORDER DATED 14-07-2023 IN W.P.(C) NO.9577 OF 2023