Dismissed

Suresh Kumar K.P v. Dewan Housing Finance Corporation Ltd.

Kerala HC4 Jul 2018WA/1288/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a request to condone a ten-day delay in filing the writ appeal. The Court then dismissed the appeal against a Single Judge order rejecting a SARFAESI notice, noting that auction proceedings had already culminated in a registered sale.

What did the court decide?

Condona of ten-day delay in filing appeal and dismissal of the writ appeal as devoid of merit.

Suresh Kumar K.P Vs Dewan Housing Finance Corporation Ltd. — Banking and Recovery | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE ACTING CHIEF JUSTICE MR.HRISHIKESH ROY & THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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WEDNESDAY, THE 4TH DAY OF JULY 2018 / 13TH ASHADHA, 1940

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WA.No. 1288 of 2018 IN WPC. 938/2018

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AGAINST THE JUDGMENT IN WP(C)938/2018 of HIGH COURT OF KERALA DATED 9.4.2018

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APPELLANT/PETITIONER

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SURESH KUMAR K.P., S/O.KUNHIKANNAN NAIR, AGED 43 YEARS, CHALAKKARA VILLAGE, MAYYAZHI (MAHE) COMMUNE, PUDUSSERY, AT PRESENT RESIDING AT C/O.JAGTAP VISHAL BALASAHEB, SN:48/2, OPP ANAND PARK, GANESH NAGAR, WADGAON SHERI, PUNE -411 014.

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BY ADV.SRI.BIJU ABRAHAM

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RESPONDENT/RESPONDENT:

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DEWAN HOUSING FINANCE CORPORATION LTD., HAVING ITS BRANCH OFFICE AT D.NO.TV 33/363,2, 1ST FLOOR, GRAND PLAZA, FORT ROAD, KANNUR - 670 001, REPRESENTED BY ITS AUTHORIZED OFFICER, 1ST FLOOR, K.M.M.BUILDING, PALARIVATTOM, KOCHI - 682 035.

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R BY SRI.P.PAULOCHAN ANTONY

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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vpv

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Hrishikesh Roy, Ag. CJ &

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A.K. Jayasankaran Nambiar, J

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------------------------------------------------W.A. No. 1288 of 2018 and C.M. Appl. No.748 of 2018 -------------------------------------------------

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Dated this the 4^th day of July, 2018

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A.K. Jayasankaran Nambiar, J

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C.M. Appl. No.748 of 2018

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There is a delay of ten days in filing the appeal. Taking note of the explanation offered by the applicant, the delay is condoned and the appeal is taken up for orders.

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W.A. No. 1288 of 2018

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We have heard learned counsel Sri. Biju Abraham for the appellant and Sri. Paulochan Antony, Standing Counsel for the respondent.

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The petitioner in writ petition No.938 of 2018 is the appellant herein. The appellant had approached this Court through the writ petition against a notice under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) that was served on him. The learned Single Judge found that, against such a notice, the appellant had an effective alternate remedy by way of approaching the Debt Recovery Tribunal under Section 17 of the SARFAESI Act , and after finding that the appellant had not made out any exceptional ground for this Court to entertain the writ petition, relegated the petitioner to his alternate remedy before the Tribunal.

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W.A.1288/18

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In the appeal, although the appellant contends that the alternate remedy referred to in the impugned judgment is not an efficacious one for the appellant, it is brought to our notice by the Standing Counsel for the respondent Company that the proceedings initiated under Section 13(4) has since culminated in an auction sale of the property, and the sale in favour of the auction purchaser has also been registered in the name of the auction purchaser, in terms of the directions in the judgment dated 12.4.2018 in Writ Petition No.12150 of 2018 filed by the auction purchaser.

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Taking note of the said submission of the learned counsel for the respondent, we find that the appellant has not made out a case warranting interference with the impugned judgment. Accordingly, the Writ Appeal is dismissed as devoid of merit.

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Sd/Hrishikesh Roy, Acting Chief Justice

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Sd/A.K. Jayasankaran Nambiar, Judge

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sou.

Suresh Kumar K.P v. Dewan Housing Finance Corporation Ltd.

Case brief

What is this about?

What did the court decide?

Suresh Kumar K.P v. Dewan Housing Finance Corporation Ltd.

Case brief

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What did the court decide?

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