The court dismissed a writ petition against an asset reconstruction company after the petitioner failed to remit the initial installment as directed in an interim order, rendering her ineligible for further relief.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 588 OF 2024
PETITIONER:
PREMAKUMARI A
AGED 69 YEARS
W/O AYYAPPAN PILLAI MARUTHAMMOODU VEEDU
THUMAPANOOR PANANGODE PERINGAMALA PANANGODE
THIRUVANANTHAPURAM, PIN – 695563
BY ADV M.R.SARIN
RESPONDENT:
THE AUTHORISED OFFICER
EDELWEISS ASSETS RECONSTRUCTION COMPANY LTD
EDELWEISS HOUSE OFF CST ROAD KALINA
MUMBAI, PIN – 400098
BY ADVS.
JACOB CHACKO
B.V.JOY SANKAR(K/1195/1995)
P.SUJITH KUMAR(K/452/2005)
MATHEWS JOSEPH(K/715/2013)
SAJITH PAUL MATHEW(K/1667/2000)
GEORGE JOSEPH (ITTANKULANGARA)(K/638/1997)
HASEENA A.A.(K/003448/2022)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.588 of 2024
JUDGMENT
Dated this the 11th day of April, 2024
The petitioner, against whom the 1st respondentAuthorised Officer of Assets Reconstruction Company proceeded under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, has filed this writ petition seeking to direct the respondent to grant 25 equal monthly instalments for repayment of entire defaulted amount.
submits that the petitioner has not paid any amount pursuant to the interim order of this Court passed on 05.01.2024. The
WP(C) No.588 of 2024
3
total outstanding amount payable by the petitioner would now
exceed 84 lakhs. ₹
for facility to pay overdue amounts in instalments. This Court on 05.01.2024 directed the petitioner to remit a part of the loan amount. The petitioner failed to do so. In the circumstances, the petitioner is not entitled to any further relief from this Court.
The writ petition is therefore dismissed.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) No.588 of 2024
4
APPENDIX OF WP(C) 588/2024
PETITIONER EXHIBITS
Exhibit P1THE TRUE COPY OF THE POSSESSION NOTICE
ISSUED BY THE RESPONDENT DATED ON
24.05.2023
Exhibit P2THE TRUE COPY HAD OF THE JUDGMENT IN
WP[C]NO 26138/ 2023 DATED 09.8.2023
1 issue framed by the court
Whether the petitioner is entitled to further relief after failing to comply with interim orders?
1 provisions across 1 enactments
PREMAKUMARI A
THE AUTHORISED OFFICER EDELWEISS ASSETS RECONSTRUCTION COMPANY LTD
N.NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court