Vijayakumar Nair vs The Authorised Officer And Associate ...
2024 Latest Caselaw 30468 Ker

Kerala High Court

Vijayakumar Nair vs The Authorised Officer And Associate ... on 25 October, 2024

WA NO. 1483 OF 2024

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                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR

                                      &

                      THE HONOURABLE MR. JUSTICE S.MANU

          FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946

                             WA NO. 1483 OF 2024

         AGAINST THE JUDGMENT DATED 14.06.2024 IN WP(C) NO.21107 OF 2024 OF

                            HIGH COURT OF KERALA


APPELLANT/PETITIONERS:

     1      VIJAYAKUMAR NAIR
            AGED 55 YEARS
            S/O KUNNAMPOZHAT RAMANKUTTY NAIR, A/2 PANJAMRUT CHSL, PLOT NO:
            25, VEER SAVARKAR,PANCHPAKHADI, THANE (WEST), MAHARASHTRA,
            PRESENTLY RESIDING AT HOUSE NO: 15/486-A, KOLAZHY GRAMA
            PANCHAYATH, KUTTUR VILLAGE, PUNKUNNAM, MLA ROAD, NEAR
            NAITHALAKAVU TEMPLE,THRISSUR TALUK, AYYANTHOLE ,THRISSUR
            DISTRICT, PIN - 680013

     2      SUNITHA VIJAYAKUMAR
            AGED 48 YEARS
            HOUSE NO: 15/486-A, KOLAZHY GRAMA PANCHAYATH, KUTTUR VILLAGE,
            PUNKUNNAM, MLA ROAD, NEAR NAITHALAKAVU TEMPLE, THRISSUR TALUK,
            AYYANTHOLE SUB DISTRICT, THRISSUR, PIN - 680013


            BY ADVS.
            SAIBY JOSE KIDANGOOR
            ADRISYA S.
            BENNY ANTONY PAREL
            IRINE MATHEW
            NAZRIN BANU
            PRAMITHA AUGUSTINE




RESPONDENT/RESPONDENTS:

     1      THE AUTHORISED OFFICER AND ASSOCIATE VICE PRESIDENT
            THE FEDERAL BANK LIMITED, MUMBAI BRANCH, FORT, REPRESENTED BY
            SYAMKUMAR S, LCRD, THRISSUR DIVISION,
            THRISSUR, PIN - 680001
 WA NO. 1483 OF 2024

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     2      THE BRANCH MANAGER
            THE FEDERAL BANK LIMITED, MUMBAI BRANCH,
            FORT, MAHARASHTRA, PIN - 400001



OTHER PRESENT:

            SRI MOHAN JACOB GEORGE, SC


     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25.10.2024, THE COURT

ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 1483 OF 2024

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                                JUDGMENT

NITIN JAMDAR, C.J.

Heard Sri.Saiby Jose Kidangoor, learned counsel for the Appellants.

2. The learned Single Judge, though proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) have been initiated, by way of indulgence has directed the Bank to extend instalment facility.

3. According to us, this indulgence will have to be seen in the backdrop of the law laid down by the Hon'ble Supreme Court in United Bank of India v. Satyawati Tondon and Others [AIR 2010 SC 3413] and the Bijnor Urban Cooperative Bank Ltd., Bijnor and Others v. Meenal Agarwal and others [AIR 2022 SC 56]. The Hon'ble Supreme Court time and again cautioned against interference in writ jurisdiction in the matters where remedies are available under the SARFAESI Act. No further indulgence can, therefore, be extended. The Appeal is accordingly disposed of.

Sd/-

NITIN JAMDAR CHIEF JUSTICE

Sd/-

S.MANU JUDGE rp WA NO. 1483 OF 2024

2024:KER:79934

PETITIONER ANNEXURES

Annexure A1 . TRUE COPY OF THE PAYMENT RECEIPTS AGAINST THE PAYMENT OF RS. 20,00,000/- MADE BY THE APPELLANTS TO THE RESPONDENT BANK

Annexure A2 TRUE COPY OF THE REGISTERED SALE AGREEMENT DATED 30.08.2024