Divya U Vincent vs Bank Of Maharashtra
2024 Latest Caselaw 26702 Ker

Kerala High Court

Divya U Vincent vs Bank Of Maharashtra on 5 September, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

W. P. (C) No. 31429 of 2024
                                     -1-

                                                  2024:KER:67359
              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

         THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946

                         WP(C) NO. 31429 OF 2024

PETITIONER/S:

              DIVYA U VINCENT
              AGED 34 YEARS
              W/O ANEESH S.K, BETHLEHEM
              VILLA,ALAMUKKU,POOVACHAL P.O, THIRUVANANTHAPURAM,
              PIN - 695575


              BY ADV S.NIKHIL SANKAR


RESPONDENT/S:

              BANK OF MAHARASHTRA
              THIRUVANANTHAPURAM BRANCH, REPRESENTED BY ITS
              AUTHORIZED OFFICER,GROUND FLOOR,PRINTEK
              TOWERS,PANAVILA P.O, THIRUVANANTHAPURAM, PIN -
              695014



OTHER PRESENT:

              SRI. T.A. PRAKASH-SC


       THIS    WRIT     PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION      ON    05.09.2024,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 31429 of 2024
                                    -2-

                                                       2024:KER:67359
                              JUDGMENT

The present writ petition has been filed for the following

reliefs:-

"i) Issue a writ of Mandamus or writ of similar nature or order or direction to the respondent bank not to dispossess the possession of the petitioner of the secured asset comprising her residential house in Block No:44,Re Survey No:50/10-3 in Veeranakavu Village, Kattakada Taluk, Thiruvananthapuram District.

ii) Issue a writ of mandamus or writ of similar nature or direction commanding the 1 st respondent to permit the petitioner to clear the loan liability by granting her 5 months time, to repay the loan amounts by selling one of her properties."

2. This is the 2nd writ petition filed by the petitioner for

similar reliefs. The earlier writ petition filed before this Court, i.e.

W. P. (C) No. 12784 of 2023, has been disposed of on

31.05.2023. However, the petitioner did not comply with the

directions issued by this Court in the judgment dated 31.05.2023

and therefore the Bank had proceeded further with the

SARFAESI proceedings. The sale of the secured asset is fixed

2024:KER:67359 tomorrow. Hence, this Court finds no reason for interference.

Accordingly, the writ petition is dismissed leaving

liberty to the petitioner to avail any other remedy available to her.

Sd/-

DINESH KUMAR SINGH JUDGE

Eb

2024:KER:67359 APPENDIX OF WP(C) 31429/2024

PETITIONER EXHIBITS

Exhibit P1 06/09/2024.TRUE COPY OF SALE NOTICE ISSUED BY THE RESPONDENT BANK DATED 29/07/2024