Ratheesh K.A vs The Authorised Officer
2024 Latest Caselaw 26231 Ker

Kerala High Court

Ratheesh K.A vs The Authorised Officer on 3 September, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                                                          2024:KER:66765


             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

         THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

 TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                     WP(C) NO. 30501 OF 2024

PETITIONER :-

           RATHEESH K.A., AGED 40 YEARS
           S/O.AYYAPPAN KUTTY, KAIPPADAPARAMBIL HOUSE,
           COCHIN UNIVERSITY P.O, ERNAKULAM, PIN - 682022


           BY ADVS.
           S.SUJINI
           POOJA VENKAT




RESPONDENT :-

           THE AUTHORISED OFFICER,
           PIRAMEL CAPITAL AND HOUSING FINANCE LTD,
           KMM BUILDING , 1ST FLOOR, PALARIVATTOM,
           ERNAKULAM, PIN - 682020


           BY ADV P.PAULOCHAN ANTONY


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.09.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 30501 OF 2024

                                     2

                                                           2024:KER:66765


                             JUDGMENT

1. The present writ petition has been filed by the

petitioner for the following reliefs;

A. Issue a writ of Mandamus or direction, to the respondent not to take physical possession of the property pursuant to the proceedings initiated by the Advocate Commissioner in MC No. 241/21 appointed by the Chief Judicial Magistrate's Court, Ernakulam. B. To issue any appropriate writ, Order or direction to the respondents to leniently consider Exhibit P5 request for One- Time Settlement .

C. To dispense with the translation of vernacular documents.

D. To pass such other writ or order or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case.

2. The learned counsel for the petitioner submitted that

the settlement talk with the Bank is going on. The petitioner has

already paid Rs.2,50,000/- to the Bank and another Rs.5,00,000/-

would be paid within a period of two weeks from today.

3. In view thereof, this writ petition is disposed of with a WP(C) NO. 30501 OF 2024

2024:KER:66765

direction to the Bank to consider the proposal of the petitioner for

settlement of outstanding dues.

Subject to making payment of Rs.5,00,000/- by the

petitioner within a period of two weeks from today, for a period of

one month, the Bank shall not proceed further against the

petitioner under the provisions of the SARFAESI Act and the Rules

made thereunder.

Sd/-

DINESH KUMAR SINGH JUDGE SMA WP(C) NO. 30501 OF 2024

2024:KER:66765

APPENDIX OF WP(C) 30501/2024

PETITIONER EXHIBITS :-

Exhibit P1 TRUE COPY OF THE JUDGMENT IN WP© NO.

6394/2023 DATED 23.02.2023

Exhibit P2 TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER ISSUED BY THRIKKAKARA GOVERNMENT HOSPITAL , ERNAKULAM DATED 20.10.2023

Exhibit P3 TRUE COPY OF THE LOAN PRE-CLOSURE STATEMENT ALONG WITH STATEMENT OF ACCOUNTS DATED 19.08.2024

Exhibit P4 TRUE COPY OF THE NOTICE DATED 07.02.2023 ISSUED BY THE ADVOCATE COMMISSIONER IN

Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 22.08.2024 SENT BY THE PETITIONER THROUGH REGISTERED POST TO THE RESPONDENT BANK ALONG WITH TRANSLATED COPY