Praveen Kumar K.P vs Sundaram Home Finance Limited
2025 Latest Caselaw 8369 Ker

Kerala High Court

Praveen Kumar K.P vs Sundaram Home Finance Limited on 29 April, 2025

                                                           2025:KER:33277
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                   THE HONOURABLE MR. JUSTICE S.MANU

      TUESDAY, THE 29TH DAY OF APRIL 2025 / 9TH VAISAKHA, 1947

                          WP(C) NO. 17048 OF 2025

        AGAINST THE ORDER/JUDGMENT DATED IN MC NO.360 OF 2025 OF

                   CHIEF JUDICIAL MAGISTRATE ,MANJERI

PETITIONER:

             PRAVEEN KUMAR K.P
             AGED 37 YEARS
             S/O SUBRAMANIYAN, KOLLERIPARA, VALAMBUR P O, MALAPPURAM
             DISTRICT,, PIN - 679325

             BY ADVS.
             K.S.ARUNDAS
             AMBILY JOSHY
             ANAMIKA
             MANJUSHA.M.S.


RESPONDENT:

             SUNDARAM HOME FINANCE LIMITED
             REPRESENTED BY ITS MANAGER, 21, PATULLOS ROAD, CHENNAI,
             TAMILNADU,, PIN - 600002

             SRI.VARGHESE C KURIAKOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   29.04.2025,    THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No. 17048 of 2025              -2-




                                                           2025:KER:33277


                              JUDGMENT

Dated this the 29th day of April, 2025

Petitioner is aggrieved by proceedings initiated under the

SARFAESI Act and seeks various reliefs.

2. In view of the settled position of law, the High Court

cannot issue direction when proceedings under the SARFAESI Act are

pending in normal circumstances. The learned Standing Counsel for

the respondent Finance Company fairly submitted that the company

is not against the petitioner making re-payment in installments.

It will be open to the petitioner to approach the competent

authority of the respondent and to resolve the issue as suggested by

the learned Standing Counsel. With these observations the writ

petition is disposed of.

Sd/-

S. MANU JUDGE

sbk/-

2025:KER:33277

APPENDIX OF WP(C) 17048/2025

PETITIONER EXHIBITS

Exhibit P1. A TRUE COPY OF THE NOTICE DATED 24.01.2025 ISSUED BY THE RESPONDENT

Exhibit P2. A TRUE COPY OF THE NOTICE DATED 09.04.2025 ISSUED BY THE ADVOCATE COMMISSIONER FOR TAKING THE POSSESSION OF THE PROPERTY