This single-day disposal permitted writ petitioners to approach the Debts Recovery Tribunal to challenge a bank's sale, acknowledging a delay in filing the suit and dispensing with the need to provide further details to the court.
Leave granted to withdraw writ petition and approach the Debts Recovery Tribunal challenging the sale, condoning the delay.
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 N.NAGARESH
FRIDAY, THE 12TH DAY OF JANUARY 2024 / 22ND POUSHA, 1945
WP(C) NO. 246 OF 2024
PETITIONERS:
1 ANANTHAKUMAR
AGED 59 YEARS
S/O ARUMUGHSWAMY CHETTIAR, VALMUTHY,
DEVANGAPURAM, CHITTUR VILLAGE, CHITTUR P.O.,
CHITTUR TALUK, PALAKKAD DISTRICT, PIN - 678101
2 KARTHISH KUMAR A AGED 55 YEARSS/O ARUMUGHSWAMY CHETTIAR, VALMUTHY,
DEVANGAPURAM, CHITTUR VILLAGE, CHITTUR P.O.,
CHITTUR TALUK, PALAKKAD DISTRICT, PIN - 678101
3 SENTHIL KUMAR A AGED 54 YEARSS/O ARUMUGHSWAMY CHETTIAR, VALMUTHY,
DEVANGAPURAM, CHITTUR VILLAGE, CHITTUR P.O.,
CHITTUR TALUK, PALAKKAD DISTRICT, PIN – 678101
BY ADVS.
K.R.RAJKUMAR
A.R.GANGADAS
JAGADEESH LAKSHMAN
R.K.RAKESH
NANDANA BABU T.
RESPONDENT:
1 M/S CANARA BANK, AGED 55 YEARS CHITTUR BRANCH, NEAR CHITTURKAVU, PALAKKAD DISTRICT, REPRESENTED BY ITS AUTHORISED OFFICER – 678101WP(C) No.246 of 2024
2
*ADDL R2MR.RAJAN B
S/O BALAN, MUTHALAMTHODU HOUSE,
VILAYODI POST, CHITTUR, PALAKKAD DISTRICT
PIN-678103
*ADDL R2 IS IMPLEADED AS PER ORDER DATED
12.01.2024 IN IA NO.1 OF 2024.
BY ADVS.
GOPIKRISHNAN NAMBIAR M
NO ADVOCATE
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.01.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
3
WP(C) No.246 of 2024
JUDGMENT
Dated this the 12th day of January, 2024
The writ petition has been filed by the petitioners seeking
to direct the respondent-Bank to accept the amount due from the petitioners so as to pay off the entire liability. The petitioners also sought to declare that the respondent has not followed the procedure prescribed by the law.
the petitioners want to challenge the same before the Debts Recovery Tribunal. Particulars of the purchaser are made available by the respondent only on the direction of this Court in the above writ petition. The petitioners therefore seek leave
of this Court to withdraw the writ petition and to approach the Debts Recovery Tribunal.
4
WP(C) No.246 of 2024
behind the back of the petitioners and the particulars of the purchaser have been disclosed only now. The delay, if any, in approaching the Debts Recovery Tribunal is liable to be condoned.
prayer.
Taking into consideration the afore facts, the writ petition is disposed of permitting the petitioners to approach the Debts
Recovery Tribunal challenging the sale effected, in
accordance with law.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) No.246 of 2024
5
APPENDIX OF WP(C) 246/2024
PETITIONER EXHIBITS
Exhibit P1THE TRUE COPY OF THE JUDGMENT IN WP
(C). NO. 23153/2023 PASSED BY THIS
HON'BLE COURT DATED 20-07-2023
Exhibit P2THE TRUE COPY OF THE JUDGMENT IN WA
1405 OF 2023 PASSED BY THIS HON'BLE
COURT DATED 04-08-2023
Exhibit P3THE TRUE COPY OF THE REPLY TO THE RTI
APPLICATION GIVEN BY THE DIVISIONAL
MANAGER RECOVERY SECTION REGIONAL HEAD
PALAKKAD OF THE RESPONDENT BANK TO THE
PETITIONERS DATED 25-09-2023
Exhibit P4THE TRUE COPY OF THE NOTICE MEMO
ISSUED BY THE ADVOCATE COMMISSIONER TO
THE PETITIONERS DATED 29-07-2023
Exhibit P5THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 3RD PETITIONER TO THE
REGIONAL MANAGER OF THE RESPONDENT
BANK DATED 27-10-2023
Exhibit P6THE TRUE COPY OF THE LETTER NO.
REC/RO/PKD/BARATHINEST/1/23/SPS ISSUED
BY THE DIVISIONAL MANAGER OF THE
RESPONDENT TO THE 3RD PETITIONER DATED
31-10-2023
3 issues framed by the court
Whether the writ petitioners can approach the Debts Recovery Tribunal to challenge the sale after delay.
Whether the delay in approaching the Debts Recovery Tribunal should be condoned.
Whether the petitioner is permitted to withdraw the writ petition and shift to the alternative forum.
Ananthakumar
Karthish Kumar A
Senthil Kumar A
M/s Canara Bank
R.Rajan B
N. Nagareesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court