Partly allowed

Vellara Antony Sunny, v. Hdb Financial Services Ltd.

Kerala HC5 Oct 2023WP(C)/30706/2023

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking directions from banks to grant time for selling a mortgaged property. Directing the petitioner to remit Rs. 20 lakhs by Oct 31 and clear the entire liability by Dec 31, 2023.

What did the court decide?

Petitioner directed to remit Rs. 20 lakhs by 31.10.2023 and clear entire liability by 31.12.2023; withdrawn against respondent No. 3.

Vellara Antony Sunny, Vs Hdb Financial Services Ltd. — Banking and Recovery | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE K. BABU

¶4

THURSDAY, THE 5TH DAY OF OCTOBER 2023 / 13TH ASWINA, 1945

¶5

WP(C) NO. 30706 OF 2023

¶6

PETITIONER:

¶7

VELLARA ANTONY SUNNY,
AGED 70 YEARS
S/O (LATE) ANTONY SUNNY,
VELLARA HOUSE, 13/179,VYLATHUR,
NHAMANGAT P.O., THRISSUR,
KERALA, PIN - 679563

¶8

BY ADVS.
P.SANJAY
A.PARVATHI MENON
BIJU MEENATTOOR
INDIRA.K.P.
PAUL VARGHESE (PALLATH)
P.A.MOHAMMED ASLAM
KIRAN NARAYANAN
JALEEL.T.
RAHUL RAJ P.
AMRUTHA M. NAIR
MUHAMMED BILAL.V.A
ANOOP ELIAS

¶9

RESPONDENTS:

¶10

1HDB FINANCIAL SERVICES LTD.,
2ND FLOOR, CHAITHANYA BUILDING,
OPP. SWAPNIL APARTMENTS, K.K.ROAD,
KADAVANTHRA, ERNAKULAM – 17,
REPRESENTED BY ITS AUTHORIZED OFFICER,

¶11

2TATA CAPITAL HOUSING FINANCE LTD
GROUND FLOOR, JAIN TOWER II, NH-17,
EDAPPALLY, ERNAKULAM - 24
REPRESENTED BY ITS AUTHORIZED OFFICER,

¶12

3INDUSIND BANK LTD.
NO. 25, STEEPLE REACH, 'A' BLOCK,
3RD FLOOR,CATHEDRAL ROAD, GOPALAPURAM,
CHENNAI, PIN – 600086
REPRESENTED BY ITS AUTHORIZED OFFICER,

¶13

WP(C) NO. 30706 OF 2023

¶14

¶15

BY ADV P.PAULOCHAN ANTONY

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.10.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

¶17

WP(C) NO. 30706 OF 2023

¶18

¶19

K.BABU, J.

¶20

==================

¶21

W.P.(C). No. 30706 of 2023 ================== Dated this the 5^th day of October, 2023

¶22

O R D E R

¶23

The reliefs prayed for in this Writ Petition are as

¶24

follows:-

¶25

“ i). Issue a Writ of Mandamus directing the respondents to grant sufficient time, being at least 2 months, to the petitioner in order to conclude the sale with the prospective buyer in respect of the property mortgaged with the 1^st respondent.

¶26

ii). Issue a Writ of Mandamus directing the respondents to consider and pass appropriate orders on Exts. P2, P2(a) and P2(b) respectively within a time frame to be fixed by this Hon'ble Court;

¶27

iii). Grant any other further or consequential reliefs, as may be prayed for and deemed fit by this Hon'ble Court.”

¶28

The learned Standing Counsel for the

¶29

respondent Bank submitted that the total amount due to

¶30

WP(C) NO. 30706 OF 2023

¶31

¶32

the 1^st respondent is Rs. 6 Crores and the amount due to the 2^nd respondent is more than Rs. 4 Crores. The learned Senior Counsel appearing for the petitioner submitted that the petitioner is prepared to close the entire liability on or before 31.12.2023. It is further submitted that the petitioner is prepared to remit Rs.20 lakhs on or before 31.10.2023 and the remaining amount due to respondent Nos. 1 and 2 will be cleared on or before 31.12.2023.

¶33

The learned Senior Counsel for the petitioner further submitted that the petitioner will withdraw all the contentions raised against the respondents in the Securitization Application pending before the Debts Recovery Tribunal - 2, Ernakulam. The learned Senior Counsel further submitted that the undertaking is only as against respondent Nos. 1 and 2.

¶34

The learned Standing Counsel for the respondent upon instructions submitted that the Bank is agreeable to the suggestions made by the petitioner.

¶35

Therefore, the writ petition is disposed of with the following directions;

¶36

WP(C) NO. 30706 OF 2023

¶37

¶38

i. The petitioner shall remit Rs.20 lakhs out of the

¶39

amount due to the 1^st and 2^nd respondents on or before 31.10.2023.

¶40

ii. The petitioner shall clear the entire liability towards the respondent Nos. 1 and 2 on or before 31.12.2023.

¶41

The learned Senior Counsel for the petitioner sought permission to withdraw the writ petition as against respondent No. 3. The permission sought for is granted.

¶42

If the petitioner fails to comply with any of the conditions stated above, respondent Nos. 1 and 2 are at liberty to proceed against the petitioner.

¶43

The parties shall maintain status quo in respect of the subject matter to facilitate the payments, as stated above.

Sd/-

K.BABU,

JUDGE

WP(C) NO. 30706 OF 2023

¶49

¶50

APPENDIX OF WP(C) 30706/2023

¶51

PETITIONER EXHIBITS :

¶52

EXHIBIT P1A TRUE COPY OF THE RECEIPT DATED
16/08/2023 ISSUED TO THE PETITIONER BY
THE INTENDING BUYER NAMELY SHASTHA
REALTORS

¶53

EXHIBIT P2A TRUE COPY OF THE LETTER ADDRESSED TO
RESPONDENTS 1 TO 3 DATED 08-09-2023

¶54

EXHIBIT P3A TRUE COPY OF THE I.A. NO. 2939 OF
2023 IN S.A. NO. 414 OF 2022 FILED BY
THE PETITIONER BEFORE THE DRT-2,
ERNAKULAM, DATED 08-09-2023

¶55

EXHIBIT P4

¶56

A TRUE COPY OF THE VALUATION REPORT
DATED 21.02.2023 PREPARED BY ER.
GEORGE F. CHETHALAN

¶57

// True Copy // PA To Judge

Vellara Antony Sunny, v. Hdb Financial Services Ltd.

Case brief

What is this about?

What did the court decide?

Vellara Antony Sunny, v. Hdb Financial Services 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

Similar cases

Sunil Das G, Vs the Thiruvalla East Co-Operative Bank Ltd.

Sathyaseelan.D., Vs Kattakada Primary Co-Operative Agricultural and Rural Development Bank T.2037

Narayanan T Vs General Manager

Chankuru @ Nappan Vs Kunchumon

Ullas Sebastian, Vs State Bank of India

Mini Shaji Vs the Authorised Officer