Disposed¶41

M/S. Haya Homes (India) Private Limited v. the Recovery Officer

Kerala HC3 Apr 2025WP(C)/11189/2025

Case brief

AI extract

What is this about?

One Time Settlement; OTS proposal; upfront payment; proclamation of sale; e-auction; e-Sale Notice No. 16/2025; DRC No. 142/2019; Recovery Officer, Debts Recovery Tribunal, Ernakulam; Canara Bank, Irinjalakuda Branch; secured assets; infructuous writ petition; Lok Adalat award 30.01.2024; O.A. No. 51/2017; W.P.(C) 7492/2023; W.P.(C) 17517/2024; interim order 27.03.2025; mandamus; Regulations of the Bank; M/s. Haya Homes (India) Private Limited; Gini Ramesh; Kerala High Court Ernakulam; N. Nagaresh; decided 03.04.2025; WP(C) 11189 of 2025.

What did the court decide?

Neither mandamus granted; the writ petition was disposed of with the Court's observation that the petitioners approach the Bank making the upfront payment as per the Regulations of the Bank for consideration of their One Time Settlement proposal. ¶41

M/S. Haya Homes (India) Private Limited Vs the Recovery Officer — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the 1st respondent (Recovery Officer, DRT) should be restrained from proceeding with the proposed proclamation of sale of the secured assets on the strength of the Ext.P13 proclamation notice until consideration of the petitioners' fresh One Time Settlement proposal (Ext.P12) +1 more

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Court's answer

Sale pursuant to the impugned proclamation notice had not taken place for want of bidders; the writ petition therefore became infructuous as regards the first prayer (restraint on the proclamation of sale)

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Ratio / Principle

Having regard to the interim order dated 27.03.2025 (confirmation of sale deferred only upon remittance of the requisite upfront payment) and the Standing Counsel's submission that the upfront payment had not been remitted, the Court considered it appropriate for the petitioners to approach the Bank making the upfront payment as per the Regulations of the Bank, for consideration of the One Time Settlement proposal

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Detailed headnote1 paragraphs

WP(C) No. 11189 of 2025 | High Court of Kerala at Ernakulam | N. Nagaresh, J. | Decided 03.04.2025. Petitioners (M/s. Haya Homes (India) Private Limited and Gini Ramesh, Ananthu Ramesh and Anagha Ramesh) sought (i) restraint on the Recovery Officer, Debts Recovery Tribunal from proceeding with the proclamation of sale of the secured assets under Ext.P13 (proclamation notice dated 10.02.2025, vide e-Sale Notice No.16/2025 in DRC.No.142/2019) until consideration of their fresh One Time Settlement proposal (Ext.P12), and (ii) a mandamus directing Canara Bank (Irinjalakuda Branch) to consider the fresh OTS proposal without delay. Background: final order in O.A. No. 51/2017 by DRT Ernakulam (24.06.2019); judgment in W.P.(C) No. 7492/2023 (08.03.2023); Lok Adalat award dated 30.01.2024; judgment in W.P.(C) No. 17517/2024 (06.08.2024); interim order dated 27.03.2025 deferring confirmation of sale subject to remittance of the requisite upfront payment. The Standing Counsel submitted that sale pursuant to the proclamation notice did not take place for want of bidders, rendering the first prayer infructuous, and that the petitioners had not remitted the requisite upfront payment. The Court held it appropriate for the petitioners to approach the Bank making the upfront payment as per the Regulations of the Bank for consideration of the OTS proposal, and disposed of the writ petition with that observation; no mandamus was issued.

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2025:KER:28436

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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 N.NAGARESH

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THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947

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WP(C) NO. 11189 OF 2025

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PETITIONERS:

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1M/S. HAYA HOMES (INDIA) PRIVATE LIMITED
NEAR BANK OF MAHARASHTRA ,
KRISHNA SREE COMPLEX, CONVENT ROAD,
THRISSUR
REPRESENTED BY ITS DIRECTOR GINI RAMESH,

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PIN - 680020

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2GINI RAMESH
AGED 51 YEARS
W/O RAMESH P.K., RESIDING AT PUTHENPURACKAL,
KOLLAMKUNNU, NADAVARAMBU P.O.,
THRISSUR DISTRICT, PIN - 680661

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3 ANANTHU RAMESH

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AGED 22 YEARS
S/O RAMESH P.K., RESIDING AT PUTHENPURACKAL,
KOLLAMKUNNU, NADAVARAMBU P.O.,
THRISSUR DISTRICT, PIN - 680661

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4ANAGHA RAMESH
AGED 20 YEARS
D/O RAMESH P.K.,
RESIDING AT PUTHENPURACKAL,KOLLAMKUNNU,
NADAVARAMBU P.O., THRISSUR DISTRICT,
PIN - 680661

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BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA

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2025:KER:28436

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WP(C) NO.11189 of 2025

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V.R.SANJEEV KUMAR
B.R.SINDU
AFNA V.P.
REMYA MURALI

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RESPONDENTS/APPLICANTS/DECREE HOLDER:

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1 THE RECOVERY OFFICER DEBTS RECOVERY TRIBUNAL, 2ND FLOOR, KERALA STATE HOUSING BOARD BUILDING, PANAMPILLY NAGAR, ERNAKULAM, PIN - 682036

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2M/S.CANARA BANK
IRINJALAKUDA BRANCH,KRISHNA BUILDING,
TANA, THRISSUR DISTRICT
REPRESENTED BY ITS BRANCH MANAGER.,
PIN - 680121

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3KERALA STATE LEGAL SERVICES AUTHORITY (KSLSA)
NIYAMA SAHAYA BHAVAN, HIGH COURT COMPOUND,
KOCHI, ERNAKULAM
REPRESENTED BY ITS SECRETARY, PIN - 682031

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SRI. M.GOPIKRISHNAN NAMBIAR,STANDING COUNSEL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NO.11189 of 2025

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2025:KER:28436

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JUDGMENT

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Dated this the 3^rd day of April, 2025

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The writ petition has been filed by the petitioners seeking

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the following reliefs:-

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“(i) Issue a writ of mandamus or any other appropriate writ or order restraining the 1^st respondent from proceeding with the proposed proclamation of sale of the secured assets on the strength of Ext.P13 proclamation notice till the consideration of Ext.P12 fresh proposal made by the petitioner for One time settlement by the 2^nd respondent.

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(ii) Issue a writ of mandamus or any other appropriate writ or order commanding the 2^nd respondent-Bank to consider the fresh proposal for OTS made by petitioners 1 and 2 on the strength of Ext.P12 with out any delay.”

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2. Standing Counsel submits that sale pursuant to the

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impugned proclamation notice has not been taken place for want of bidders. Therefore, the writ petition has become infructuous to that extent. As regards the second prayer of the petitioners for consideration of fresh One Time Settlement

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proposal, it was made clear by this Court in the interim order

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2025:KER:28436

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WP(C) NO.11189 of 2025
 4

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dated 27.03.2025 that if the proposal is received and if the petitioners remit requisite upfront payment, confirmation of sale shall stand deferred. The petitioners have not remitted the requisite upfront payment, submits the Standing Counsel.

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In the circumstances, it will be appropriate for the petitioners to approach the Bank making upfront payment as

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per the Regulations of the Bank, for consideration of One Time Settlement proposal.

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The writ petition is disposed of with the said observation.

Sd/-

N.NAGARESH

JUDGE

hmh

WP(C) NO.11189 of 2025

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2025:KER:28436

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APPENDIX OF WP(C) 11189/2025

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PETITIONERS’ EXHIBITS

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Exhibit P1A TRUE COPY OF THE INCORPORATION
CERTIFICATE ISSUED BY THE REGISTRAR OF
COMPANIES , KERALA AND LAKSHADWEEP ON
07.12.2005
Exhibit P2A TRUE COPY OF THE FINAL ORDER MADE IN
O.A. NO.51/2017 BY THE DEBT RECOVERY
TRIBUNAL ERNAKULAM ON 24.06.2019
Exhibit P3A TRUE COPY OF THE JUDGMENT MADE IN
W.P.(C) NO.7492/2023 BY THIS HON’BLE
COURT ON 08.03.2023
Exhibit P4A TRUE COPY OF THE DEATH CERTIFICATE
ISSUED BY THE REGISTRAR OF BIRTHS AND
DEATHS, EDATHALA GRAMA PANCHAYAT ON
08.12.2023
Exhibit P5A TRUE COPY OF THE NOTICE DATED
20.01.2024 ISSUED BY THE 3RD
RESPONDENT ADDRESSED TO THE 1ST
PETITIONER APPEAR FOR A HEARING FOR
SETTLING THE MATTER
Exhibit P6A TRUE COPY OF THE AWARD DATED
30.01.2024 PASSED BY THE LOK ADALATH
HELD UNDER THE INSTANCE OF THE 3RD
RESPONDENT
Exhibit P7A TRUE COPY OF THE REQUEST DATED
28.04.2024 MADE BY THE 2ND PETITIONER
FOR EXTENSION OF TIME BEFORE THE 3RD
RESPONDENT
Exhibit P8A TRUE COPY OF THE JUDGMENT MADE IN

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WP(C) NO.11189 of 2025

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2025:KER:28436

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W.P.(C).NO.17517/2024 ON 06.08.2024

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Exhibit P9A TRUE COPY OF THE COMMUNICATION DATED
17.02.2025 SENT BY THE 2ND RESPONDENT
BANK ADDRESSED TO THE PETITIONERS

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Exhibit P10A TRUE COPY OF THE REPLY DATED
24.02.2025 SENT BY THE PETITIONERS
ADDRESSED TO THE 2ND RESPONDENT
Exhibit P11A TRUE COPY OF THE COMMUNICATION DATED
04.03.2025 SENT BY THE 2ND RESPONDENT
ADDRESSED TO THE PETITIONERS
Exhibit P12A TRUE COPY OF THE FRESH ONE TIME
SETTLEMENT PROPOSAL MADE BY THE
PETITIONERS BEFORE THE 2ND RESPONDENT
ON 11.03.2025
Exhibit P13A TRUE COPY OF THE PROCLAMATION NOTICE
DATED 10.02.2025 ISSUED BY THE 1ST
RESPONDENTVIDEE-SALENOTICE
NO.16/2025 IN DRC.NO.142/2019

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Exhibit P14A TRUE COPY OF THE OTS REQUEST MADE BY
THE PETITIONER ON 29.03.2025

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Exhibit P15A TRUE COPY OF THE RECEIPT EVIDENCING
PAYMENT OF RS. ONE LAKH TO THE
RESPONDENT BANK ON 29.03.2025

M/S. Haya Homes (India) Private Limited v. the Recovery Officer

Case brief

What is this about?

What did the court decide?

M/S. Haya Homes (India) Private Limited v. the Recovery Officer

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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