Disposed

Sajith.S, v. the Authorized Officer

Kerala HC5 Sept 2023WP(C)/6303/2023

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition filed by a loan defaulters seeking regularization of account and protection from property possession. After the petitioner claimed inability to deposit the interim amount due to lack of account details, the Court fixed a revised deadline for deposit, conditional on the bank furnishing details. The petition is finally disposed of with all interlo

What did the court decide?

Petition disposed conditionally pending deposit of interim amount; bank directed to furnish account details; interlocutory applications closed.

Sajith.S, Vs the Authorized 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 MR. JUSTICE DINESH KUMAR SINGH

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TUESDAY, THE 5^TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945

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WP(C) NO. 6303 OF 2023

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PETITIONER/S:

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SAJITH.S, AGED 39 YEARS S/O SAJI, 5/300, VADEKKARA, THADATHARIATH VEEDU, KUNNIL HOUSE PULLUKUZHI, VERRANAKAVU, POOVACHAL P O., THIRUVANATHAPURAM DISTRICT, PIN - 695575

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BY ADVS.

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GEORGE VARGHESE(PERUMPALLIKUTTIYIL) MANU SRINATH NIMESH THOMAS

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RESPONDENT/S:

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1 THE AUTHORIZED OFFICER, HDB, FINANCIAL SERVICES LTD 1ST FLOOR, NEAR RELIANCE FRESH, EDAPAZHAJI, THYCADU P.O, THIRUVANANTHAPURAM, PIN - 695014

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2 ADDL.R2. EDELWEISS ASSET RECONSTRUCTION COMPANY LTD. (EARC) EDELWIESS HOUSE, WINDSOR LN, KOLIVERY VILLAGE, MMRDA AREA, KALINA, SANTACRUZ EAST, MUMBAI, MAHARASHTRA - 400 098 (ADDL.R2 IMPLEADED AS PER ORDER DATED 22-06-2023 IN IA 1/2023 IN WPC 6303/2023)

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BY ADVS. P.PAULOCHAN ANTONY JACOB CHACKO

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.6303/2023

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-2-

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J U D G M E N T

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The present writ petition under Article 226 of the

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Constitution of India has been filed seeking the following

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reliefs:

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“(i) Issue a writ of mandamus or any other appropriate writ, order, or direction directing the respondents to allow the petitioner to regularize account no. Loan account number 3332373 by clearing the overdue arrears to the bank as of a date in 15 monthly installments and continue to pay monthly installments as per the loan schedule;

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(ii) To issue a writ of mandamus order or direction directing the respondents not to take possession of the property of the petitioner as stated in Ext.P3 notice issued by the Advocate Commissioner;

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(iii) Such other relief this Hon'ble court deems fit and proper to grant in the facts and circumstances of the case.

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iv. issue a writ of mandamus or any other appropriate direction commanding the 2^nd respondent to permit the petitioner to pay the overdue amounts as it existed on 23.02.2023 in instalments and to regularise the loan account or to pay of the entire outstanding loan amount including the interest accrued till 23.02.2023.

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v. issue a writ of mandamus or any other appropriate direction commanding the 2nd respondent to permit the

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W.P.(C) No.6303/2023

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petitioner to close the entire loan outstanding amount including interest through a one time payment facility".

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This Court, vide interim order dated 24.08.2023,

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directed the petitioner to deposit Rs.5 lakhs with the 2^nd respondent on or before 04.09.2023.

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Learned Counsel for the petitioner submits that he is ready to deposit the amount. He did not deposit the amount of Rs.5 lakh as directed by this Court in the absence of the Bank’s account details, which the respondent has not furnished.

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Learned Counsel for the 2^nd respondent submits that the Bank will furnish the Bank account details by 08.09.2023, and the petitioner should pay the amount by 08.09.2023. He further submits that once the petitioner deposits, Rs.5 lakhs as directed by this Court vide Order dated 12.08.2023 on or before 08.09.2023, the Bank shall consider the petitioner’s application

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for One Time Settlement within a period of three weeks

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W.P.(C) No.6303/2023

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thereafter. The Rs.5 lakhs deposited by the petitioner shall be adjusted in the final figure of the OTS. The interim protection granted shall remain till the Bank takes a decision on the OTS.

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With the aforesaid direction, the writ petition stands finally disposed of. All pending interlocutory applications

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shall stand closed.

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Sd/-

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DINESH KUMAR SINGH JUDGE

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jjj

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W.P.(C) No.6303/2023

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APPENDIX OF WP(C) 6303/2023 PETITIONER EXHIBITS

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Exhibit-P1 TRUE COPY OF NOTICE ISSUED UNDER 13(2) OF SARFESI ACT BY THE RESPONDNET BANK DTD 22-82022. Exhibit-P2 TRUE COPY OF BANK STATEMENT ISSUED BY THE RESPONDNET BANK. Exhibit-P3 TRUE COPY OF ADVOCATE COMMISSIONER NOTICE DATED 18.2.2023. Exhibit P4 A TRUE COPY OF NOTICE OF ASSIGNMENT DATED 02.03.2023 ISSUED BY THE RESPONDENT-BANK TO THE PETITIONER Exhibit P5 A TRUE COPY OF THE E-MAIL COMMUNICATION DATED 31.07.2023 ALONG WITH REPRESENTATION DATED 27.07.2023 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT ARC

Sajith.S, v. the Authorized Officer

Case brief

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Sajith.S, v. the Authorized Officer

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