The High Court of Kerala held the writ petition filed by a guarantor to be barred by previous judgments directing possession surrender. Despite expressing surprise at the petitioner's audacity to file the petition after foreclosure of rights, the Court dismissed the writ and avoided imposing costs in the present circumstances.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 12TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943
WP(C) NO. 898 OF 2022
PETITIONER:
RASHEEDA MUHSIN, AGED 38 YEARS, W/O.MUHSIN PANDARAVALAPPIL, PEEVEES PULLAS, THOZHAVANOOR P.O., MALAPPURAM - 676 557.
BY ADV E.A.BIJUMON
RESPONDENT :
AXIS BANK LIMITED REPRESENTED BY THE AUTHORIZED OFFICER, ASSET SALE CENTRE, 1ST FLOOR, CITY PLAZA, YMCA ROAD, CALICUT - 676 001.
BY ADV P.PAULOCHAN ANTONY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 898 OF 2022
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BECHU KURIAN THOMAS, J
======================= W.P.(C) No.898 of 2022
Dated this the 12th day of January, 2022
JUDGMENT
Petitioner is a guarantor for a housing loan availed
by her husband from the respondent-Bank. The challenge now raised before this Court is against
dispossession of the petitioner proposed as per Ext.P5.
Ultimately, by judgment dated 14.01.2019 in W.P.(C)
No.840/2019 this Court directed the petitioner to
remit an amount of Rs.91,22,006/- on or before
WP(C) NO. 898 OF 2022
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15.03.2019, failing which, petitioner was directed to
surrender vacant possession of the secured asset by handing over the keys on 16.03.2019 without fail.
attention to Ext.R1(a) and Ext.R1(b) judgments of this Court. Ext.R1(a) was the judgment closing a contempt case filed by the Bank for failure to handover the key of the building while the later of
the aforesaid judgments, this Court was dealing with another writ petition filed by the petitioner.
to how a fresh writ petition could be maintained by the petitioner even after the judgment in W.P.(C)
No.840/2019 was rendered.
WP(C) NO. 898 OF 2022
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maintain this writ petition, when her rights were completely foreclosed by the judgment in W.P.(C) No.840/2019. Since the petitioner was specifically directed to surrender the keys of the secured assets, on failure to pay the amount directed therein, and even after initiating the contempt proceedings, petitioner has audacity to approach this Court by filing this writ petition, I am of the opinion that petitioner must be mulcted with costs for maintaining this writ petition.
However, this writ petition shall stand dismissed.
Sd/-
BECHU KURIAN THOMAS, JUDGE
AMV/13/01/2022
WP(C) NO. 898 OF 2022
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APPENDIX OF WP(C) 898/2022
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE 13(2) NOTICE ISSUED BY THE RESPONDENT DATED 28/07/2016. Exhibit P2 TRUE COPY OF THE JUDGMENT IN W.A.NO.1836/2017 DATED 22/09/2017. Exhibit P3 TRUE COPY OF THE DEMAND DRAFT TAKEN BY THE PETITIONER DATED 30/10/2017. Exhibit P4 TRUE COPY OF THE JUDGMENT IN WP(C) NO.840/2019 DATED 14/01/2019. Exhibit P5 TRUE COPY OF THE ADVOCATE COMMISSIONER'S NOTICE DATED 07/01/2022.
RESPONDENTS EXHIBITS
| Exhibit R1(a) | TRUE | COPY | OF TH | E JUDGMENT IN |
|---|---|---|---|---|
| CON. NO.8 HIGH |
CASE(C) 40/2019 COURT |
NO.2457 DATED 18. OF KERALA |
/2019 IN WPC 12.2019 OF HON'BLE |
|
| Exhibit R1(b) | TRUE NO.7 HON' |
COPY 230/202 BLE HIG |
OF THE 1 DATED H COURT OF |
JUDGMENT IN WPC 19.03.2021 OF KERALA |
| Exhibit R1(c) | TRUE CON. HIGH WEBS |
COPY CASE(C) COURT ITE |
OF THE NO.2457/ OF KERALA |
CASE STATUS IN 2019 OF HON'BLE OBTAINED FROM THE |
TRUE COPY
2 issues framed by the court
Whether the writ petition is maintainable despite prior directions to surrender possession.
Whether costs for maintaining the writ petition should be imposed.
RASHEEDA MUHSIN
AXIS BANK LIMITED
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
