Dismissed

K.P. Pushpa, v. the Authorised Officer

Kerala HC12 Apr 2023WP(C)/6616/2023

Case brief

AI extract

What is this about?

In WP(C) No. 6616 of 2023, regarding a notice under Section 13(4) of the SARFAESI Act, the court dismissed the petition because the petitioners failed to comply with an interim direction, leaving their right to contest the claim intact.

What did the court decide?

Dismissal of the writ petition without prejudice to the right of the petitioners to contest the claim in appropriate proceedings.

K.P. Pushpa, Vs the Authorised Officer — Banking and Recovery | 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 T.R.RAVI

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WEDNESDAY, THE 12^TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945

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WP(C) NO. 6616 OF 2023

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PETITIONERS:

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1 K.P. PUSHPA, AGED 47 YEARS, W/O. RAJAN, RESIDING AT CHIRUNNANKANDY HOUSE, PO., ORAVIL, ULLIYERI, NR. AADHAKASSERI SIVA TEMPLE, KOZHIKODE-673323 2 RAJAN K., AGED 56 YEARS, S/O. GOPALAN, RESIDING AT CHIRUNNANKANDY HOUSE, PO. ORAVIL, ULLIYERI, NR. AADHAKASSERI SIVA TEMPLE, KOZHIKODE-673323 BY ADVS. P.A.HARISH V.V.SURENDRAN ASWATHI C.

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RESPONDENTS:

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1 THE AUTHORISED OFFICER, M/S. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD., DARE HOUSE,2, N.S.C. BOSE ROAD, PARRYS, CHENNAI-600001 2 THE BRANCH MANAGER, M/S. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD., DARE HOUSE,2, N.S.C. BOSE ROAD, PARRYS, CHENNAI ARPEES ARCADE, 1ST FLOOR, YMCA CROSS ROAD, KOZHIKODE- 673001 BY ADVS. P.PAULOCHAN ANTONY G.AJITH KUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 6616 OF 2023

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T.R. RAVI, J.

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W. P. (C). No .6616 of 2023

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Dated this the 12^th day of April, 2023

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JUDGMENT

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When the case is taken up today, it is submitted by the counsel for

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the respondents that the petitioners have not complied with the interim

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direction. No further directions can be issued in this writ petition.

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The writ petition is dismissed without prejudice to the right of the petitioners to contest the claim made by the parties in appropriate proceedings.

Sd/-

T.R. RAVI

JUDGE

WP(C) NO. 6616 OF 2023

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APPENDIX OF WP(C) 6616/2023

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PETITIONER'S EXHIBITS

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Exhibit P1 A TRUE COPY OF THE PAYMENT ADVICE MADE BY THE 1ST RESPONDENT TO THE 1ST PETITIONER DATED 31.01.2020 Exhibit P2 A TRUE COPY OF THE CERTIFICATE DATED 23.11.2021 ISSUED BY THE 1ST RESPONDENT EVIDENCING CREATION OF AN EQUITABLE MORTGAGE Exhibit P3 A TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENTS TO THE PETITIONERS UNDER SECTION 13(4) OF THE SARFAESI ACT Exhibit P4 A TRUE COPY OF THE NOTICE DATED 15.02.2023 ISSUED BY THE ADVOCATE RAKHIL N.T., THE ADVOCATE COMMISSIONER APPOINTED IN THE CASE

K.P. Pushpa, v. the Authorised Officer

Case brief

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K.P. Pushpa, v. the Authorised Officer

Case brief

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