Ratheesh Kumar R P vs Authorized Officer
2024 Latest Caselaw 33066 Ker

Kerala High Court

Ratheesh Kumar R P vs Authorized Officer on 14 November, 2024

Author: D. K. Singh

Bench: D. K. Singh

WP(C) NO. 32531 OF 2024                1




                                                          2024:KER:85180
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MR. JUSTICE D. K. SINGH

THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA, 1946

                      WP(C) NO. 32531 OF 2024


PETITIONERS:

     1       RATHEESH KUMAR R P,
             AGED 36 YEARS
             S/O RAMENDRAN, VYSAKHAM CHELLAPACHA, BHARATHANOOR,
             PANGODE P.O., THIRUVANANTHAPURAM, PIN - 695006

     2       PADMAKUMARI
             AGED 64 YEARS
             W/O RAMENDRAN, VYSAKHAM CHELLAPACHA, BHARATHANOOR,
             PANGODE P.O., THIRUVANANTHAPURAM, PIN - 695006


             BY ADV ANEESH K.R


RESPONDENTS:

     1       AUTHORIZED OFFICER
             STATE BANK OF INDIA, SARB, LMS COMPOUND,OPP MUSEUM
             WEST GATE, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM,
             PIN - 695033

     2       THE MANAGER
             STATE BANK OF INDIA SBI PANGODE BRANCH, PANGODE,
             THRIUVANANTHAPURAM, PIN - 695006


             BY ADV S.LAKSHMY


         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   14.11.2024,   THE   COURT    ON   THE   SAME   DAY    DELIVERED   THE
FOLLOWING:
 WP(C) NO. 32531 OF 2024                     2




                                                               2024:KER:85180
                              JUDGMENT

The present Writ Petition has been filed for the following

prayers:

"i.Issue a writ of mandamus or other appropriate writ, order or direction, regularizing the loan accounts of the petitioners and granting the petitioner 20 instalments to pay off the overdue amounts along with regularization of Home loan account.

ii.Such other writ, direction or order, this honourable court deem fit and proper for the circumstances in this case.

iii. To direct the respondent to pay the cost of the case to the petitioner."

2. This Court has granted an indulgence to the

petitioners vide interim order dated 12.09.2024 and directed

the petitioners to remit an amount of Rs.3 lakhs on or before

24.09.2024. Subject to making payment of Rs.3 lakhs on or

before 24.09.2024, the possession of the secured asset was

stayed. The petitioners were granted further time of one week

vide order dated 30.09.2024 to comply with the interim order

dated 12.09.2024.

2024:KER:85180

2. Despite the extension of time granted by this

Court, the petitioners have not been able to comply with the

interim order passed by this Court. Therefore, this Court finds

no justification to keep this writ petition pending on the files of this

Court.

In view thereof, the present writ petition is dismissed

leaving it open to the petitioners to take recourse to any other

remedy as may be available to them under the law.

Sd/-D. K. SINGH JUDGE

lsn

2024:KER:85180 APPENDIX OF WP(C) 32531/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE NOTICE UNDER SECTION 13(2) OF SARFAESI ACT DATED 17.05.2018 ISSUED BY THE RESPONDENT BANK

Exhibit P2 THE TRUE COPY OF THE NOTICE DATED 19.09.2019 UNDER SECTION 13(2) OF THE SARFAESI ACT

Exhibit P3 THE TRUE COPY OF THE NOTICE DATED 28.03.2024 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS

Exhibit P4 . THE TRUE COPY OF THE NOTICE U/S 13(8) OF THE SARFAESI ACT DATED 25.06.2024 ISSUED BY THE RESPONDENT BANK

Exhibit P5 THE TRUE COPY OF THE NOTICE DATED 13.08.2024 ISSUED BY ADVOCATE COMMISSIONER ADV SUDHAMANI S.S