Dismissed

Jose K.Francis, v. the Authorised Officer, Yes Bank Ltd.

Kerala HC26 Oct 2023WA/1497/2023

Case brief

AI extract

What is this about?

The High Court at Ernakulam rejected a writ appeal challenging a lower court order that dismissed a petition seeking to regularize a loan account. The court found the appeal without merit since the respondent bank had not invoked the SARFAESI Act. Appeal dismissed.

What did the court decide?

The writ appeal is dismissed. Pending interlocutory applications are closed.

Jose K.Francis, Vs the Authorised Officer… — Contract and Commercial Disputes | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
WA NO. 1497OF 2023

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AGAINST THE JUDGMENT IN WP(C) 23475/2023 OF HIGH COURT OF

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KERALA

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APPELLANT/PETITIONER IN WPC:

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1 JOSE K.FRANCIS,
AGED 61 YEARS
S/O FRANCIS, KUTTIKKADAN HOUSE, RESIDENCE NO. 81,
PRIYADARSHINI NAGAR, EAST FORT, THRISSUR- 680 002

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BY ADVS.
P.M.BINDHUMOL
PAUL PAULSON T.

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RESPONDENTS/RESPONDENTS IN WPC:

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1 THE AUTHORISED OFFICER, YES BANK LTD , REG OFFICE AT YES BANK HOUSE, OFF WESTERN EXPRESS HIGHWAY, SANTACRUZ EAST, MUMBAI, PIN – 400 055

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2 YES BANK LTD,
THRISSUR BRANCH,
REP BY CHIEF MANAGER,
ANSARI COMPLEX, UPPER GROUND FLOOR XXI/459,
WEST FORT, THRISSUR, PIN – 680 004

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W.A.No.1497 of 2023

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3 THE AUTHORISED OFFICER,
JC FLOWERS ASSET RECONSTRUCTION PRIVATE LIMITED,
12TH FLOOR, CROMPTON GREAVES HOUSE, DR. ANNIE
BASANT ROAD, WORLI, MUMBAI, PIN – 400 030

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OTHER PRESENT:

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SC ADV.PAULOCHAN ANTONY

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A.No.1497 of 2023

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JUDGMENT

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Dated this the 26^th day of October 2023

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A.J. Desai, C.J.

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By way of the present appeal filed under section 5 of the Kerala High Court Act, 1958, the appellant/original petitioner has challenged the judgment dated 26.07.2023 in W.P.(C)No.23475 of 2023. The judgment delivered by the learned Single Judge reads as under:

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“The writ petition is filed to direct the respondents to permit the petitioner to pay the overdue amount in installments and regularise the loan account.

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On a perusal of the pleadings and materials on record, it is seen that the respondents have issued Exts.P3 and P4 sale notices as per the contract. The respondents have not invoked the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, 'Act'). In the above background, I am of the definite view that the writ petition as against the respondents is not maintainable.

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Resultantly, the writ petition is dismissed without prejudice to the right of the petitioner to work out his remedies in accordance with law.”

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W.A.No.1497 of 2023

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Having heard the learned Advocate appearing for the

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appellant and considering the fact that the respondents have not invoked the provisions of the SARFAESI Act, 2002, we do not find any illegality in the impugned judgment.

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Hence, the writ appeal is dismissed.

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Pending interlocutory applications, if any, shall stand closed.

Sd/-

A.J. Desai

Chief Justice

Sd/-

V.G. Arun Judge

vpv

//TRUE COPY//

P.A. TO JUDGE

Jose K.Francis, v. the Authorised Officer, Yes Bank Ltd.

Case brief

What is this about?

What did the court decide?

Jose K.Francis, v. the Authorised Officer, Yes Bank Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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