Jisi Gurudas vs Piramal Capital & Housing Finance Ltd. ...
2024 Latest Caselaw 27883 Ker

Kerala High Court

Jisi Gurudas vs Piramal Capital & Housing Finance Ltd. ... on 13 September, 2024

Author: A.K.Jayasankaran Nambiar

Bench: A.K.Jayasankaran Nambiar

WA No.1465/2024                          1/4

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                  THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                           &
                       THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
            Friday, the 13th day of September 2024 / 22nd Bhadra, 1946
                                WA NO. 1465 OF 2024
       AGAINST JUDGMENT DATED 19.08.2024 IN WP(C) 29202/2024 OF THIS COURT
   APPELLANT(S)/PETITIONERS:

      1. JISI GURUDAS, AGED 49 YEARS, D/O LATE GURUDAS, RESIDING AT
         KUTTAPALLIKAL, PUNNAPRA.P.O., ALAPPUZHA DISTRICT - 688004,
         REPRESENTED BY THE 2ND PETITIONER MOTHER AND NATURAL GUARDIAN SUDHA
         GURUDAS, W/O LATE GURUDAS, RESIDING AT KUTTAPALLIKAL, PUNNAPRA.P.O.,
         ALAPPUZHA DISTRICT, PIN - 688004
      2. SUDHA GURUDAS, AGED 77 YEARS, W/O LATE GURUDAS, RESIDING AT
         KUTTAPALLIKAL, PUNNAPRA.P.O., ALAPPUZHA DISTRICT, PIN - 688004

    BY ADVS.M/S. C.G.BINDU & AJITHA C.G

   RESPONDENT(S)/RESPONDENTS:

      1. PIRAMAL CAPITAL & HOUSING FINANCE LTD. (ERSTWHILE DHFL), UNIT
         NO.601, 6TH FLOOR, AMITY BUILDING, AGASTYA CORPORATE PART, KAMINI
         JUNCTION, LBS MARG TO KURLA, MUMBAI REPRESENTED BY AUTHORIZED
         OFFICER/LOCATION MANAGER RAMSUNDER., PIN - 400070
      2. PIRAMAL CAPITAL & HOUSING FINANCE LTD. NO.17/421F, 1ST FLOOR,
         CHANDRA SQUARE, CULLEN ROAD, EREZHA, MULLAKKAL, ALAPPUZHA,
         REPRESENTED BY ITS BRANCH MANAGER, PIN - 688004
      3. THE AUTHORIZED OFFICER PIRAMAL CAPITAL & HOUSING FINANCE LTD.,
         REGIONAL OFFICE, 5TH FLOOR, SL PLAZA, PALARIVATTOM, ERNAKULAM., PIN
         - 682025
      4. THE FINANCIAL ASSET RECONSTRUCTION COMPANY LTD., ACTING IN ITS
         CAPACITY AS TRUSTEE OF ARANYA-TRUST, 7TH FLOOR, CNERGY, APPA SARAB
         MARATHE MARG, PRABHADEVI, MUMBAI. REPRESENTED BY THE AUTHORIZED
         OFFICER., PIN - 400025
      5. CHAIRMAN NATIONAL TRUST LOCAL LEVEL COMMITTEE & DISTRICT COLLECTOR,
         ALAPPUZHA DISTRICT, CIVIL STATION, COLLECTORATE, ALAPPUZHA ., PIN -
         688001
      6. JIMESH.K.G, AGED 38 YEARS, S/O GURUDAS, USHA NIVAS, MULLACKAL WARD,
         IRON-BRIDGE.P.O., ALAPPUZHA DISTRICT., PIN - 688001

     ADV.SRI.P.PAULOCHAN ANTONY FOR R1 TO R3

        Prayer for interim relief in the Writ Appeal stating that in the
   circumstances stated in the appeal memorandum, the High Court be pleased
   to stay all further proceedings initiated against the property of the
   appellants under Securitization and Reconstruction of Financial Assets and
   Enforcement of Security Interest Act at the instance of the respondents 1
   to 4, by evicting them from their residence in pursuance of Exhibit-P4
   possession notice, pending decision of the Writ Appeal.
 WA No.1465/2024                     2/4

        This Writ Appeal coming on for orders on 13/09/2024 upon perusing
   the appeal memorandum, the court on the same day passed the following:
 WA No.1465/2024                                  3/4




                           DR. A.K.JAYASANKARAN NAMBIAR
                                                          &
                                      SYAM KUMAR V.M, JJ.
                            ---------------------------------------------------------
                                 Writ Appeal No.1465 of 2024
                            ---------------------------------------------------------
                          Dated this the 13th day of September, 2024

                                                  ORDER

Dr. A.K.Jayasankaran Nambiar, J.

Issue notice before admission to the respondents.

Adv.Sri.P.Paulochan Antony takes notice on behalf of

respondents 1 to 3. Issue notice by speed post to respondents 4

and 5.

It is submitted by the learned counsel for respondents 1 to

3 that no proceedings for taking over the possession of the

properties in which the appellants are residing will be initiated

till the next post date.

Post on 26.09.2024

Sd/-

DR. A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

SYAM KUMAR V.M. JUDGE smm

13-09-2024 /True Copy/ Assistant Registrar

Exhibit P4 TRUE COPY OF THE NOTICE DATED 31.7.2024 ISSUED BY THE ADVOCATE COMMISSIONER DEPUTED BY THE HON&#8217, BLE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA IN M.C.NO.421/2024.

13-09-2024 /True Copy/ Assistant Registrar